Homeownership is a proud accomplishment for many Texas residents. Whether you have inherited land from a family member or you have saved up enough money to buy your first home, feeling secure and rooted in your community is often rewarding and empowering. According to recent research published by the Texas Demographic Center, approximately 62 percent of Texas households are owner-occupied properties. Texas property owners enjoy some of the most robust legal protections in the country, as property ownership has been a source of pride since the state’s earliest days. However, it’s important to recognize that some government entities and other qualified bodies have the right to invoke eminent domain power, meaning an entity can seize privately owned property to use in projects that benefit the broader community in some way. The entity must provide the owner with adequate compensation in exchange for taking their property.
Unfortunately, many Texas property owners find themselves blind-sided by an entity’s announcement that it intends to invoke its eminent domain authority (which is enshrined in the federal and state constitutions) in order to take ownership of their property. It’s important to understand that eminent domain refers to the constitutional authority itself, while the term “condemnation” refers to the legal process that is triggered by the entity’s decision to invoke eminent domain power. If you are a Texas property owner, you should understand your legal rights and responsibilities in the face of a condemnation action. As soon as you learn of an upcoming public construction project in your community that might affect your property, enlist the guidance and support of a knowledgeable and highly qualified Texas condemnation lawyer to help you navigate the legal process and enforce your rights at every turn.
Eminent Domain Basics in Texas
According to the Office of the Attorney General of Texas, “eminent domain is the legal authority that certain entities are granted that allows those entities to take private property for a public use.” In other words, qualifying entities (i.e., state or local governments, federal or state departments of transportation, etc.) have the legal authority to invoke eminent domain power in order to use privately owned property for projects that benefit the public. However, the condemning authority must provide the property owners with “adequate compensation.” This vague term is often the source of conflict between the condemning authority and the property owner, as “adequate compensation” can be subject to many interpretations. Essentially, adequate compensation includes the market value of the property being taken at its highest and best use, not its current use, plus any damages to the remaining property (the remainder) that will result from the construction project. Those damages often include loss of road access and drainage issues that will affect both the use and value of the remainder after the construction is completed. When an entity wishes to invoke its eminent domain power, it must send a written condemnation notice to the affected property owner(s) informing them of the action and proposing a compensation offer in exchange for seizing the property.
Navigating the Texas Condemnation Process
There are several legal steps that a condemning authority must take when it decides to seize private property for public use. Property owners often feel overwhelmed and intimidated by the condemnation process, especially because they may not understand their legal rights and options during this process. Below are some of the steps you can expect to navigate during the condemnation process in Texas.
The Condemning Entity Provides You With a Landowners’ Bill of Rights
The Texas Attorney General’s Office compels any entity wishing to initiate condemnation proceedings against you to provide you with a copy of the Landowner’s Bill of Rights. This document informs Texas landowners of their legal rights in condemnation proceedings, such as their right to receive adequate compensation, the right to hire an eminent domain attorney to help negotiate with the condemning entity, and the right to hire an appraiser to accurately determine the adequate compensation you are entitled to receive. Failing to provide a property owner with a copy of the Landowner’s Bill of Rights may violate sections of the Texas Property Code, so discuss your options with a dedicated and experienced Texas condemnation attorney to learn more.
Condemning Entity Must Make a Bona Fide Offer to the Landowner
Next, the entity seeking to invoke eminent domain authority must make a bona fide offer to purchase the property. According to the Texas Attorney General’s Office, a bona fide offer involves an initial written offer and a final written offer. An initial written offer must include the following elements: “a copy of the Landowner’s Bill of Rights and addendum (if applicable); either a large-font, bold-print statement saying whether the offered compensation includes damages to the remainder or a formal appraisal of the property that identifies any damages to the remaining property (if any); the proposed conveyance instrument (such as an easement or deed); and the name and telephone number of an employee, affiliate, or legal representative of the condemning entity.”
After a minimum of 30 days has passed since the initial offer was made, the condemning authority must provide a final written offer that includes the compensation “equal to or more than the amount listed in a written, certified appraisal that is provided to you).” Additionally, the condemning authority must provide the property owner with copies of the conveyance instruments and an additional copy of the Landowner’s Bill of Rights to ensure that the homeowner is aware of and understands their legal rights during the condemnation process.
Filing a Lawsuit to Acquire Your Property
Texas law states that the condemning authority must give property owners “at least 14 days to consider the final offer before filing a lawsuit to condemn your property, which begins the legal condemnation process.” Within 30 days of the condemning authority filing a lawsuit in court, the judge must appoint three local landowners to serve as special commissioners. These special commissioners will evaluate the evidence of the value of your condemned property and other relevant factors to determine an appropriate amount of compensation for the taking of your Texas property. Although the condemnation timeline may seem confusing, working with a caring and knowledgeable Texas eminent domain lawyer can help you prepare for every step of the legal process and exercise your legal rights at every opportunity. It takes time to put your case together so it can be presented at the special commissioners hearing. So, it is important to enlist the help of an experienced condemnation attorney as soon as you learn that your property may be affected by the construction project. Any party may appeal the special commissioners’ award to the District Court and demand a jury trial.
Learning that a governmental entity intends to seize your property for public use can be disorienting and stressful. As soon as you learn that your property may be affected, get in touch with the dedicated and experienced condemnation and eminent domain attorneys at Sewell Sewell Beard LLC to understand your legal rights and explore your options. We’ve been doing this for 39 years. Call our Prosper, Texas office at (972) 777-5390 or our Jasper, Alabama office at (205) 544-2350 today to get started.
