Private property owners in Texas enjoy some of the strongest legal protections available in the country. Land ownership is a source of considerable pride for many people, whether they have inherited their current home from previous generations or just purchased their starter home in their dream location. For the most part, owning property provides you with the stability and security you crave, and you and your family are able to lay down roots in your community. However, there is one notable issue that can affect private property ownership in Texas—eminent domain. Essentially, eminent domain refers to a government entity’s constitutional right to seize private property (in exchange for compensation) in order to accomplish a goal that benefits the public in some way. For instance, the Department of Transportation may invoke its eminent domain power to use private land when constructing a new highway that eases traffic congestion and increases mobility throughout the area. However, entities that move forward with exercising eminent domain by initiating condemnation proceedings against private landowners in Texas must adhere to a lot of rules and procedures along the way.
While landowners are not required to hire an attorney during the condemnation process, doing so carries several significant advantages. Let’s take a closer look at how eminent domain and condemnation matters typically unfold in Texas and why seeking the counsel of a highly qualified condemnation lawyer is the best way to maximize your chances of securing a fair and favorable outcome.
Understanding the Eminent Domain Process in Texas
Federal and state constitutions grant qualifying government entities the power of eminent domain. Generally speaking, eminent domain allows a government entity to take private property for public use, “which traditionally means projects like roads or bridges.” While the entity has the right to take your property so it can use it for a project that will benefit the public, it must provide you with “just compensation” in exchange for seizing your land. When an entity wishes to invoke its eminent domain authority, it will initiate condemnation proceedings against the affected property owners. To clarify, eminent domain refers to the constitutional power bestowed upon certain entities, while condemnation refers to the legal process that is triggered by invoking eminent domain power.
Steps in the Texas Condemnation Process
In Texas, the condemnation process adheres to a strict set of formal legal procedures. When an entity wishes to invoke its eminent domain authority to take your land for public use, it must provide you with a copy of the Texas Landowner’s Bill of Rights. This document outlines the legal rights of private landowners in Texas, such as their right to “hire an appraiser or other professional to determine the value of your property” and the right to “hire an attorney to negotiate with the condemning entity and represent you in any legal proceedings involving the condemnation.” Moreover, the law requires the condemning authority to provide the affected landowner with a copy of the Landowner’s Bill of Rights at least seven days before the entity makes its final offer to acquire the property. As a landowner facing a condemnation action, you have the right to either accept or reject the entity’s “bona fide” offer to purchase the property.
This is the moment in time when you should already know what you are entitled to. Being prepared for this moment allows you to instantly know if you are being treated fairly, or being ripped off. It takes your attorney and appraiser time to put your case together because condemnation appraisals are complicated and few appraisers know how to perform one. So, the time to reach out to a competent condemnation attorney is as soon as you learn that your property might be affected by the public construction project.
Taking the Condemnation Matter to Court
Once you receive the offer you will be pressured into making a fast, and often terrible, decision. That’s why you need to be ready to reject a lowball offer. Should you decide to reject the condemning entity’s compensation offer, the matter will move to probate court, where a panel of three court-appointed special commissioners will assess the details of the case and determine the amount of compensation you should be awarded “to adequately compensate you for your property.” If you are unsatisfied with that award you can appeal for a new judge or jury trial in the District Court. Since condemnation cases can quickly become complex for the average person, it’s highly recommended that you enlist the guidance of a highly qualified and caring eminent domain and condemnation lawyer as soon as you learn that your property might be affected..
Eminent Domain Legal Expertise When You Need it Most
Texas landowners often feel overwhelmed and even intimidated when facing a condemnation action. Suddenly, they question whether they have any legal claim to remain in control of the property they worked so hard to purchase and maintain. Unfortunately, entities that initiate condemnation proceedings often word their condemnation notices to property owners using intimidating or deliberately opaque language that leads the recipient to assume they have no choice but to accept the taking of their land without question. However, the reality is that property owners in Texas have a lot of legal rights and options in the face of eminent domain and condemnation matters. As soon as you hear of a proposed construction project that could affect your property, consider discussing your options with a seasoned condemnation legal expert who can provide you with the customized guidance you need to make informed decisions with confidence. You cannot win these cases by playing defense.
Premier Eminent Domain Law Firm Proudly Serving Texas
When it comes to protecting your hard-earned private property, you need exceptional legal guidance that is customized to address your specific needs and goals. At Sewell Sewell Beard LLC, we are committed to serving every client with the care and consideration they need to make informed choices on these sensitive and important matters. We understand how confusing and challenging the condemnation process can be, which is why we work hard to identify your unique challenges before we identify the most strategic options that offer you a successful path forward. If you have just learned about a new construction project in your community or a highway expansion proposal that could affect your area, we encourage you to call our office at your earliest convenience to start understanding your legal rights and options. We’ve been doing this 40 years.
If you want to learn more about your rights as a landowner in the face of a condemnation action, the dedicated and caring legal team at Sewell Sewell Beard LLC is available to assist you. Please call our Jasper, Alabama office at (205) 544-2350 or our Prosper, Texas office at (972) 777-5390 today to get started with a trusted eminent domain and condemnation lawyer.
