If you own land in Texas, you enjoy several legal rights. However, there are circumstances in which a local, state, or federal government entity may exercise their Constitutional authority, known as eminent domain, to seize your property for public use, as long as they provide you with compensation for this exchange. The U.S. Constitution and the Texas Constitution allow qualifying entities to exercise their eminent domain power when the proposed project benefits the public in some way. Some of the entities that have eminent domain authority in Texas include county and municipal governments, transportation departments, water districts, school districts, and more. When an entity decides to exercise its eminent domain power, it will initiate the condemnation process, which notifies affected property owners of the impending project and offers them compensation in exchange for their land. As a property owner, it’s crucial that you understand your rights during the condemnation process. Seeking the guidance of an experienced Texas condemnation attorney is the best way to ensure your rights are protected at every step of the legal process.
What Constitutes Public Use in Texas?
When an entity that holds eminent domain authority wishes to exercise this power, it must justify its actions by showing that the proposed project will be for public use. Under Article 1, Section 17 of the Texas Constitution, “No person’s property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person, and only if the taking, damage, or destruction is for: (1) the ownership, use, and enjoyment of the property, notwithstanding an incidental use, by: (A) the State, a political subdivision of the State, or the public at large; or (B) an entity granted the power of eminent domain under law; or (2) the elimination of urban blight on a particular parcel of property.” Additionally, Texas law prohibits such entities from taking your property to “enhance tax revenues or foster economic development.” It’s important to recognize that just because an entity enjoys the power of eminent domain does not mean that the proposed project will benefit the public. Each case depends on several factors, so the court must determine whether the project fulfills the “public use” requirement if the community raises concerns over the legitimacy of an upcoming project.
Common Examples of Eminent Domain Projects in Texas
There are several reasons why an entity may initiate the condemnation process. Some common examples include the taking of private land for transportation projects (i.e., highway expansion), water supply and drainage projects, construction of public buildings or parks, waste disposal projects, utility services, library or museum infrastructure projects, and constriction of sports and community venue projects (as approved by voters). Additionally, Texas passed a number of statutes in 2005 to further clarify what does not constitute public use. Title 10, Section 2206.001 of the Texas Government Code states, “A governmental or private entity may not take private property through the use of eminent domain if the taking: (1) confers a private benefit on a particular private party through the use of the property; (2) is for a public use that is merely a pretext to convert a private benefit on a particular private party; (3) is for economic development purposes, unless the economic development is a secondary purpose resulting from municipal community development or municipal urban renewal activities to eliminate an existing affirmative harm on society from slum or blighted areas.” As a Texas property owner, you have the right to challenge the entity’s authority or reasoning for seizing your land. If you have concerns about an upcoming condemnation proceeding, contact a seasoned eminent domain lawyer right away to discuss your options for pushing back against this matter.
What to Do If You’ve Received a Condemnation Letter
If an entity has sent you a condemnation letter informing you of its intention to seize your property in exchange for compensation, it’s natural to feel overwhelmed and intimidated. These letters often use authoritative language that makes it seem like you have no choice but to accept their offer. However, you must recognize that you have every right to push for a fairer and more favorable settlement offer. You also have the right to question the condemning entity’s eminent domain authority or ask the court to determine whether the proposed project meets the legal definition of public use. Whatever the specific factors of your situation may be, you should enlist the guidance of a knowledgeable Texas condemnation lawyer to help you identify the most strategic path forward. Together, you can ensure your rights remain upheld at every step of the process.
If you need help with an eminent domain or condemnation matter, the dedicated attorneys at Sewell Sewell Beard LLC are here for you. Call our Alabama office at (205) 544-2350 or our Texas office at (972) 777-5390 to get started.
