Generally speaking, private landowners in Texas enjoy some of the most robust and comprehensive legal protections in the country. Even before Texas became a state, owning land was a substantial source of pride and accomplishment. However, there are some limitations to a private property owner’s rights, particularly when it comes to the government’s ability to exercise its eminent domain authority. Federal and state constitutions recognize that the government has the power to invoke its eminent domain authority in order to seize private property for projects that benefit the public in some way. For example, the addition of a new public transportation system may necessitate the taking of private property in order to lay new tracks, as the expansion and improvement of a public transit system does improve traffic flow and provide the public with affordable transportation options. In exchange for taking private property, the government invoking its eminent domain authority must compensate the landowners “adequately” or “justly”.
While the government entity invoking eminent domain power typically initiates a legal process known as condemnation to notify the affected property owners and compensate them in exchange for their land, another legal process known as inverse condemnation can be initiated by affected property owners seeking compensation for any property damage caused by the condemning authority (i.e., the local, state, or federal government entity). As you prepare to file an inverse condemnation action against a government entity, you will need to identify and present compelling evidence to support your pursuit of fair and equitable compensation. Working with a highly qualified and experienced Texas condemnation attorney is the best way to ensure that you move through this complicated legal process as confidently as possible. This post will explore how inverse condemnation cases typically unfold in Texas and some strategies for maximizing your chances of obtaining a successful outcome.
Defining Inverse Condemnation in Texas
First, it’s helpful to understand how Texas laws define inverse condemnation. According to the Texas Attorney General’s Office, inverse condemnation is “a cause of action against a governmental defendant to recover the value of property that has been taken in fact by the government defendant, even though no formal exercise of the power of eminent domain has been attempted by the taking agency.” In other words, property owners in Texas have the right to seek compensation that reflects the property’s fair market value from the government entity whose actions have damaged or otherwise affected the value of the land. Moreover, any damage or taking of private property by a government entity without compensating the owner may be grounds for the landowner to initiate an inverse condemnation action to recover the compensation they’re owed. Landowners may also file an inverse condemnation suit when the government entity or condemning authority fails to follow eminent domain procedures or protocols. It’s important to understand that inverse condemnation actions are initiated by the landowners, not the government entities. As the party that files the claim, the property owner has the burden of proof to demonstrate that the government’s actions resulted in the taking or damaging of the property (which entitles the property owner to recover compensation).
What if the City Damaged My Property?
If a city, state, or federal government entity damaged your property and negatively impacted its market value, you may be able to pursue an inverse condemnation claim to recover the compensation you’re owed. In order to establish an inverse condemnation claim in Texas, you will need to provide clear and compelling evidence in support of the following: (1) You are the legal owner of the property; (2) The government intentionally performed certain actions that caused the taking, damage, or destruction of your property; (3) The government performed these actions for public use; (4) These actions occurred without your consent. In Texas, many inverse condemnation claims have arisen from flooding activities. For instance, property owners may claim that a government action caused flooding to their property that damaged the land and negatively impacted its value. The Texas Supreme Court has upheld that “the requisite intent for an inverse condemnation is present when a governmental entity knows that a specific act is causing identifiable harm or knows that the harm is substantially certain to result.” Several cases involving Texas landowners seeking compensation for flooding caused by government entities have appeared before the Texas Supreme Court, which has helped to clarify the rights of property owners seeking compensation for damage done to their property (and its value). If you are interested in learning more about inverse condemnation proceedings, you can discuss your options with a knowledgeable and experienced Texas condemnation lawyer at your earliest convenience.
Navigating Property Damage Litigation in Texas
As a private property owner, the prospect of taking on a large governmental entity in court can be intimidating and daunting. However, you do not have to move through this legal process on your own. Enlisting the guidance and support of a seasoned condemnation attorney is the best way to ensure that you maximize your chances of securing a fair and favorable outcome. If you and your condemnation lawyer determine that filing an inverse condemnation suit is warranted, you can work together to move through several key steps and strengthen your case. It will be up to you and your attorney to provide evidence of malicious damage of property or intentional damage to personal property on the part of the government entity. Your lawyer can help you locate and present clear and compelling evidence of the government entity’s wrongdoing, and you can enlist the expertise of an impartial property valuation professional to assess the property’s fair market value. Property damage cases involving eminent domain and condemnation are nuanced and complex, so it’s worth partnering with an experienced attorney who will advocate for your best interests at every opportunity.
If you have questions about the condemnation process or you are exploring your options for recovering the compensation you are owed for the taking or damaging of your property, the dedicated legal team at Sewell Sewell Beard LLC is here to support you. We’ve been doing this for 40 years. Please call our Prosper, Texas office at (972) 777-5390 or our Jasper, Alabama office at (205) 544-2350 today to get started with a knowledgeable and caring eminent domain and condemnation attorney.
