In Texas, the construction industry plays a vital role in improving infrastructure, creating jobs, and providing housing. Whenever you see construction projects in your neighborhood, you may see these as signs of a healthy economy and an investment in the safety of the community’s roads and building structures. However, it’s also important to recognize that some construction projects may require a qualified government entity to use private property in order to complete the task. For example, the local government that intends to build a new public school may need to seize private property from landowners in order to construct the new building. An entity’s constitutional authority to seize private property for projects that benefit the public in some way is called eminent domain. When a qualified entity wishes to exercise its eminent domain power, it will initiate condemnation proceedings against the affected property owners. In exchange for taking the private land, the condemning authority must provide the owner with a “bona fide” offer of compensation. Unfortunately, landowners can quickly become overwhelmed and even intimidated when facing an eminent domain or condemnation action, as they may not understand their legal rights or options in these matters.
As soon as you hear about a proposed public construction project in your community, it’s a good idea to reach out to a highly qualified and experienced Texas eminent domain attorney to learn more about how to navigate the condemnation process with greater confidence. While you may not be able to stop eminent domain from happening, there are strategies you can use to avoid being cheated. Let’s take a closer look at some essential homeowner rights and landowner protections in Texas and how you can approach a Texas eminent domain or condemnation action on offense, not defense.
Understanding Legal Protections for Texas Homeowners
Fortunately for Texas residents, the state has some of the strongest protections for landowners in the country. The Texas Landowner’s Bill of Rights informs private property owners of their legal rights and options when facing “any attempt to condemn your property.” Some of these rights include the right to hire an attorney to negotiate with the condemning authority, the right to hire an independent appraiser to determine the value of your property, and your right to take the matter to a hearing before a court-appointed panel of three special commissioners to determine the amount of compensation owed to you for the taking of your property, among many other rights. Additionally, the Landowner’s Bill of Rights clearly states that “Texas law does not allow condemning authorities to exercise eminent domain for tax revenue or economic development.” Instead, properties can only be condemned for reasons pertaining to public use, such as “building or expanding roadways, public utilities, parks, universities, and other infrastructure serving the public.” If you have reason to believe that the condemning authority is attempting to take your property for a reason that does not qualify as public use, it’s essential that you raise your concerns with a dedicated and experienced Texas condemnation attorney right away to identify the most strategic path forward.
Key Steps to Prevent Eminent Domain Seizure in Texas
In some cases, homeowners are able to take steps to reduce the likelihood of an eminent domain action in the future. For example, staying informed about zoning changes and proposals in your community can keep you on the lookout for potential condemnation actions that could affect your property. Additionally, developing your land in a way that aligns with local public use considerations can deter potential eminent domain actions. It’s also a good idea to maintain thorough records of all your property transactions, improvements, and any communications related to your property. These records can become crucial forms of evidence in an eminent domain or condemnation proceeding, as they can support your position and strengthen your case. If you are interested in learning more about Texas landowner protections and how to safeguard them as much as possible, it’s worth enlisting the guidance of a highly qualified and dedicated eminent domain attorney at your earliest convenience.
Legal Options For Texas Landowners Facing Condemnation
It’s essential to understand that you are not obligated to accept the condemning authority’s initial offer of compensation. Even though the condemnation notice may be worded in such a way that leads you to assume you have no choice but to accept the offer and move on, the truth is that you have the right to work with your attorney to negotiate a more just and equitable compensation offer in exchange for your land. As you explore your options, you may decide to take the matter to a special commissioners’ hearing where you can make your case that the condemning authority owes you money. And if you are not happy with the panel’s decision, you have the right to file a formal objection and take the case to civil court, where a judge or jury will decide the case. Ultimately, it’s important to recognize that there are many opportunities for Texas landowners facing condemnation to exercise their rights and stay on offense.
Speak With a Dedicated Texas Eminent Domain Attorney Today
Learning that you may be facing a condemnation action can be a disorienting and stressful experience. Suddenly, you face an uncertain future, and you wonder how this incident will alter the course of your life. However, as overwhelmed and intimidated as you may feel right now, you do not have to go through the daunting condemnation process on your own. As soon as you hear that your property may be affected by a public construction project, reach out to a knowledgeable and caring Texas condemnation attorney who can answer your questions, address your concerns, and advocate for your best interests at every turn.
As a property owner, it’s essential that you understand your legal rights and options in eminent domain and condemnation actions. To learn more about what you can do to protect your property from condemnation, reach out to Sewell Sewell Beard LLC by calling our Jasper, Alabama office at (205) 544-2350 or our Prosper, Texas office at (972) 777-5390 to get started with an experienced and trusted eminent domain attorney. We’ve been doing this for 40 years!
