Few moments can be more alarming than receiving a notice from a government entity informing you of its intention to seize your property so it can be used in a project that is intended for public use. As a private property owner in Texas, you enjoy some of the strongest protections in the country. Owning land, whether the property has been passed down across generations or you recently purchased your first home, is a source of pride. However, it’s important to understand that there are times when a qualified government entity may invoke its constitutional authority to exercise eminent domain power in order to seize private property for public use. Essentially, this power allows an entity, such as a federal, state, or local department of transportation, to use private property in order to build a new highway or on-ramp to improve traffic flow in your community (i.e., to benefit the public good). In exchange for taking your property, the entity must provide you with “adequate” compensation. There is a lot of room for government mischief in that term.
As soon as you learn of a proposed project in your area that might affect your property, it’s essential that you reach out to a highly qualified and experienced Texas eminent domain attorney to evaluate the specifics of your situation.. Together, you can be ready to respond to a condemnation notice and won’t be caught flat footed when that day comes. This post will cover some basics about eminent domain authority and the condemnation process, as well as how Texas property owners can exercise their legal rights when the time comes.
Understanding Your Property Rights in a Texas Condemnation Case
First, it’s worth taking some time to understand what the terms “eminent domain” and “condemnation” mean in the context of an entity’s intention to take your private property for public use. The Texas Attorney General’s Office defines eminent domain as “the legal authority that certain entities are granted that allows those entities to take private property for public use.” This legal right to seize private property is protected by both the state and federal constitutions. When a qualified entity wishes to invoke its eminent domain authority, it will initiate a formal legal process called condemnation. In other words, eminent domain refers to an entity’s authority to seize private land, while condemnation refers to the formal legal process that accompanies the exercise of eminent domain power. So, what are your rights under Texas condemnation law? The state of Texas requires any condemning authority to provide affected property owners with a copy of the Landowner’s Bill of Rights, which notifies landowners of their legal rights and options in the face of a condemnation lawsuit. Some of these rights include the right to hire an attorney, the right to demand more money from the condemning authority and the right to hire an independent appraiser to dispute the government’s appraisal (which is nearly always low), among many other rights.
Legal Strategies for Protecting Your Property During a Condemnation Action
Long before you receive a condemnation notice, you should engage a highly experienced and knowledgeable Texas condemnation attorney. Having a skilled legal advocate by your side can help you prepare your case so you already know what you are entitled to before you receive an offer letter from the government. Putting your case together takes time, so the sooner you start your engines the better outcome you will have. No matter what the specific details of your case may be, you can trust that your Texas condemnation lawyer will work hard to defend your best interests and secure you the compensation you deserve.
What to Do If You Receive a Condemnation Notice in Texas
Receiving a condemnation letter is disorienting and confusing if you are not ready, especially as these documents are often worded in such a way that makes it seem as if you have no choice but to accept the initial offer and go along with the condemnation proceedings. By the time you receive this notice you should have already reached out to a skilled and experienced eminent domain attorney to begin preparing your case. Your attorney will review the specific factors of your case and identify the most appropriate course of action. For instance, you may decide to hire an independent appraiser to conduct a thorough valuation of your property. That needs to be happening BEFORE you receive an offer letter. With this information in hand, you know immediately if the government is treating you fairly – or is trying to steal your land. No matter what path your condemnation case takes, you can rest assured that your dedicated attorney will work hard to support you and protect your best interests at every opportunity.
FAQs About Texas Land Seizure Defense
If you have questions about the Texas condemnation process, you are not alone. Here is some basic information in response to a few of the most common questions landowners have regarding eminent domain and condemnation.
Can I Stop My Property From Being Condemned?
You can challenge the entity’s legal authority to take your land and you can challenge whether the property is being acquired for a real public purpose. If successful on either challenge you will have stopped the condemnation. If you object to the proposed condemnation action, you can appear at a Special Commissioners’ hearing where you can present evidence supporting your request for a more equitable amount of compensation from the condemning authority. You need to have your appraisal completed by this date so you can be ready for the hearing. That’s why you start preparing early. Should you object to the award that is issued by the special commissioners, you have the right to file a civil lawsuit and take the case before a jury or judge. That is where the government does not want to go!
Do I Have to Accept the Government’s First Offer?
Although the condemnation notice may be worded in a way that seems as if you have no choice but to accept the offer of compensation, it’s essential that you understand your right to negotiate a more equitable amount of compensation. The first offer is the beginning, not the end, of the negotiation. An experienced attorney knows how to respond.
Do you have questions about eminent domain or condemnation? The dedicated and caring legal team at Sewell Sewell Beard LLC is here to provide you with the customized legal support you need to make informed decisions with confidence. We’ve been doing this for 40 years! Please contact our Prosper, Texas office at (972) 777-5390 or our Jasper, Alabama office at (205) 544-2350 today to get started with a trusted condemnation attorney.
