Eminent domain allows a federal, state, or local government entity to seize private property in order to use it for projects that will benefit the public in some way. For example, traffic congestion may prompt the Department of Transportation to expand an existing highway or construct a new roadway to improve traffic flow. In order to accomplish this goal, the Department of Transportation may exercise its eminent domain authority to seize nearby homes and private property so workers can use the land to build new roads or onramps. However, the entity exercising its eminent domain power must provide “adequate compensation” to the landowners in exchange for taking their property. When an entity intends to invoke its eminent domain power, it will initiate formal condemnation proceedings and move through several steps before the matter is completed. If you are a property owner in Texas and you have heard that new construction projects may be on the horizon in your community, you likely have several questions about how these matters could affect your land. It’s essential to recognize that you have legal rights and options during the condemnation process, and enlisting the guidance of a highly qualified and caring eminent domain lawyer is the best way to ensure that your voice is heard and your best interests are protected throughout the process. Let’s take a look at what you can expect during the Texas condemnation process and how you may qualify for eminent domain relocation assistance to support this unexpected and disruptive transition.
Understanding the Taking of Private Property for Public Use in Texas
First of all, it’s helpful to get a sense of why eminent domain exists and how government entities can use it to benefit the public. Both the federal and state constitutions address and acknowledge the government’s power to take private property for public use, but only if the condemning authority provides just or adequate compensation to the affected landowner in exchange for seizing their property. Under Texas law, only certain entities have the right to invoke eminent domain authority. Governmental entities and some private entities that are authorized to exercise eminent domain power by the Texas Legislature can invoke this power. As of 2010, the Texas Legislature may grant eminent domain power to private entities only when two-thirds of both houses approve the entity’s request. Over the years, gas and electric corporations, groundwater conservation districts, and common carrier pipelines have all been approved by the Texas Legislature to exercise eminent domain authority. Moreover, the condemning authority can only use its eminent domain power to support projects that are for public use. The definition of public use can be vague, so landowners may contest the entity’s grounds for initiating condemnation proceedings. The court will need to decide whether the proposed taking meets the criteria for public use based on the specific facts of the case. Generally speaking, however, projects whose primary purpose is to benefit or bring profit to private parties do not qualify as public use. If you have additional questions about the government taking property for public use, enlisting the guidance of a knowledgeable Texas condemnation attorney is highly recommended.
Eminent Domain Relocation Compensation
Texas eminent domain and condemnation laws require the condemning authority to provide adequate compensation to the property owner in exchange for any action involving the government taking property for public use. While there is no set formula for calculating what “adequate compensation” means, several factors can influence the amount of compensation the landowner is entitled to receive in exchange for their private property. The condemning authority should consider the market value of the property, the highest and best use of the property, remainder damages, and moving or relocation costs when preparing an adequate compensation offer. Unfortunately, when the condemning authority calculates the eminent domain property value, it often attempts to compensate the owner as little as possible by relying on friendly appraisers with whom the entity has long-standing relationships. It’s essential to recognize that landowners are not legally obligated to accept the initial compensation offer; instead, they may work with a seasoned Texas eminent domain and condemnation lawyer to negotiate a more fair and favorable compensation award that accounts for the considerable and varied costs of relocation and giving up their private property.
How to Request Eminent Domain Relocation Assistance
There are some laws in Texas that entitle landowners to obtain compensation to assist with moving costs when they are permanently displaced from their home or business. However, if these laws do not apply, a property owner may qualify for eminent domain relocation compensation for a maximum of 50 miles. In some cases, other forms of relocation assistance, such as relocation payments or housing assistance, may be available for private property owners—including farmers or ranchers who must relocate their operations in the wake of a condemnation action. Cases involving the government condemnation of property tend to be complex and difficult for individuals to navigate on their own. Although Texas does not require landowners to hire an attorney to guide them through the legal process of condemnation, doing so is highly recommended. Grappling with the unanticipated and sudden loss of your property can be disorienting and worrisome on its own, so why not entrust your best interests to a highly experienced and trusted Texas condemnation attorney who will work hard to obtain a fair and favorable outcome on your behalf? Your dedicated legal advocate will remain by your side to answer your questions, address your concerns, and support you at every stage of the legal process.
With over 40 years of combined experience in condemnation and eminent domain matters, the dedicated legal team at Sewell Sewell Beard LLC, is ready to advocate for your best interests and help you secure a fair and favorable outcome. We encourage you to contact our Prosper, Texas office at (972) 777-5390 or our Jasper, Alabama office at (205) 544-2350 to learn more about your legal rights and options.
