Whenever a government entity needs to construct a new roadway, transportation system, or other project that benefits the public in some way, it may invoke what’s known as its eminent domain authority to use private property to achieve its goal. For example, if a state department of transportation needed to construct a new highway onramp in order to ease traffic congestion in a specific area, it has the constitutional power of eminent domain that it can exercise in order to seize private land on which to build the onramp. However, the entity exercising eminent domain power must provide the affected private landowners with “just compensation” in exchange for taking their property. When a qualified entity intends to invoke its eminent domain authority, it will initiate a formal legal process called condemnation. As a landowner, receiving a condemnation letter can be overwhelming and intimidating, especially as you may not recognize your legal rights and options in these circumstances.
As soon as you hear about a potential construction project in your area, it’s important to contact a highly qualified and experienced Texas condemnation attorney to discuss your concerns. Together, you and your eminent domain lawyer can assess the details of the situation and identify the most strategic course of action that maximizes the amount of compensation you receive from the condemning authority and ensures that your legal rights remain protected at every step of the process. Let’s take a closer look at how eminent domain compensation matters are typically handled in Texas condemnation cases and some steps you can take to secure the just compensation you deserve.
Understanding Texas Eminent Domain Laws
The Texas Property Code clearly states that “An entity with eminent domain authority that wants to acquire real property for a public use must make a bona fide offer to acquire the property from the property owner voluntarily.” In other words, the condemning authority must make a good faith effort to offer the property owner a fair and just amount of compensation in exchange for the taking of their land. Unfortunately, many condemning entities work with appraisers with whom they have long-term and friendly relationships, which often means that the appraisers will arrive at an amount that serves the condemning authority’s best interests over those of the property owner (i.e., a lower value). However, Texas property owners have the right to seek an independent appraisal and use this information to negotiate a more fair and reasonable compensation offer that takes into account a wider range of factors, such as fair market value, relocation expenses, loss of business revenue, and many other considerations. It’s best to work with your knowledgeable and experienced eminent domain lawyer to identify the most appropriate course of action and retain an appraiser that is qualified to testify about condemnation methodology. Most appraisers are not familiar with this area of valuation or law. But, your eminent domain lawyer can hook you up with the right appraiser.
Key Steps to Maximize Your Compensation
In order to maximize the amount of compensation you can recover from the condemning authority seizing your private property, there are a number of steps you can take. First, it’s essential that you hire a trusted and experienced Texas eminent domain attorney who can force the condemning authority to comply with the law. Next, your attorney can help you work with an independent property appraiser to obtain a legitimate valuation of the land being acquired as well as any damage to land not acquired (the remainder) that result from the project. You can also identify additional damages to which you may be entitled to recover, such as the costs of relocating, the devaluation of any remaining property, and other justifiable claims you can demand from the government entity. Should the condemning authority fail to negotiate with you, it’s important to recognize that you have the right to take the matter to court so that you and your dedicated attorney can make your case for receiving the amount of compensation you believe is fair. Ultimately a jury of your peers will determine how much you are paid if the condemning authority won’t treat you lawfully.
Mistakes to Avoid in an Eminent Domain Case in Texas
As you move through the condemnation process in Texas, it’s worth identifying some common mistakes to avoid so that you can improve your chances of securing a successful outcome. While you may be tempted to accept the initial compensation offer, it’s almost always worth negotiating with the condemning authority for more money. Most landowners leave a lot of money on the table by accepting the first offer. Additionally, neglecting to gather and present sufficient evidence or supporting documentation to justify your request for more money will jeopardize your case. An experienced condemnation attorney won’t let that happen.
Frequently Asked Questions About Eminent Domain in Texas
The condemnation process is daunting and confusing for private property owners. Below are a few of the frequently asked questions that landowners often have, as well as some basic information that can be useful for those facing condemnation in the near future.
Can I Refuse an Eminent Domain Offer?
It’s essential to understand that you have no obligation to accept any offer from the condemning authority. Instead, you and your knowledgeable and caring Texas eminent domain lawyer can enlist an independent appraiser, gather evidence, and take the condemning authority straight to where they don’t want to go – a jury of your peers!
How Do I Challenge the Government’s Appraisal?
If you are facing a government land seizure and you are interested in challenging eminent domain actions in your area, enlisting the services of an experienced and trusted condemnation attorney is crucial. Together, you can assess the specific details of your case and determine the most strategic path forward. Whether you negotiate a more favorable compensation offer or take the matter to litigation in order to question the condemning authority’s eminent domain power, your supportive legal advocate will be there to protect your rights and best interests at all times.
Get Started With a Trusted and Experienced Condemnation Expert Today
If you have questions about eminent domain laws in Texas or you are facing a condemnation action, call Sewell Sewell Beard LLC right away to discuss your legal rights and options. We’ve been doing this for 40 years! Call our Prosper, Texas office at (972) 777-5390 or our Jasper, Alabama office at (205) 544-2350 to get started with a highly qualified and experienced condemnation attorney.
