Private landowners in Texas enjoy some of the most robust legal protections currently available in the United States. Land ownership has long been a source of pride for Texas residents, and this principle informs the state’s approach to keeping private property in the hands of the owner. However, there is one significant exception to this hands-off approach. Under the federal and state constitutions, government entities (such as a federal, state or local department of transportation) have the right to invoke what’s known as “eminent domain” power to take privately owned property and use it to complete projects that will benefit the public in some way. For example, if the Texas Department of Transportation wants to expand an existing highway in order to relieve traffic congestion in a specific area, it may exercise its eminent domain authority to convert private land into wider lanes or on-ramps. However, eminent domain laws require the government to make a “bona fide” offer to the landowners affected by the eminent domain action before it may initiate a formal legal process known as condemnation.
Unfortunately, many condemning authorities make compensation offers that are far too low in the hope that the owner will accept the initial offer and move away. As a private property owner in Texas, it’s essential that you understand your legal rights and options during the eminent domain and condemnation process so that you can secure a fair and favorable outcome. If you believe that your property may be affected by a proposed eminent domain or condemnation project in your community, reach out to a highly qualified and experienced Texas condemnation attorney to discuss your options as soon as you learn your property may be affected. This post will explore how the condemnation process typically unfolds in Texas and how you can navigate the storm and come out on top.
Does the Government Pay for Eminent Domain in Texas?
According to eminent domain laws in Texas, the entity wishing to exercise its eminent domain power (and initiate condemnation proceedings against the landowners in order to seize their land) must pay the landowners “adequate compensation” for their property. This process usually begins with the condemning authority notifying you of its intention to take your property and proposing an amount of compensation that the entity views as appropriate for the value of your land. However, many private landowners are not aware of their legal rights and potential avenues of recourse when they receive a condemnation notice and compensation offer, meaning that they may assume that they have no choice but to accept this initial offer and comply with the condemning authority’s request. The reality is that landowners are protected by what’s known as the State of Texas Landowner’s Bill of Rights, which outlines their legal rights when facing condemnation actions. The first item of the Bill of Rights reads, “You are entitled to receive adequate compensation if your property is condemned.” Since the term “adequate compensation” can be broadly interpreted, it’s important to work with a trusted Texas condemnation lawyer to determine whether the condemning entity’s initial offer is truly an “adequate” reflection of your property’s value.
How Much Does the Government Pay for Eminent Domain in Texas?
The amount of compensation that the condemning authority offers you may be too low. Before you accept this offer or sign any agreements, it’s worth reviewing this offer with your trusted and knowledgeable Texas eminent domain attorney to ensure that it reflects the worth of your property. For instance, it’s helpful to recognize that most condemning authorities work with appraisers with whom they have a longstanding and friendly relationship. In many cases, this means that the appraiser often arrives at an estimate that protects the best interests of the government entity (which means that it will likely undervalue your property). The appraiser may use publicly available information about the size of the property and arrive at a rough estimate of its current market value. However, these factors may not reflect the full worth and value of the property. If you recently renovated your home, for instance, this investment should be taken into account when you negotiate a more fair and reasonable amount of compensation.
You are also entitled to payment for any damage to your remaining property that is not taken. Those damages often consist of loss of highway access, drainage problems, noise, etc. Most condemning authorities will ignore that obligation when making an offer to purchase.
Does Eminent Domain Pay Well in Texas?
Generally speaking, if the property owner accepts an initial offer from the condemning authority, they are likely leaving a lot of money on the table. For example, if you have owned your property for several years—or even decades—the condemning authority may use information from the last transaction available (i.e., the amount you paid for your property when you purchased it long ago). Naturally, this amount does not account for changes in the housing market, home improvements you may have completed, and other factors that can significantly influence the current and future market value of your property. Fortunately, the Texas Landowner’s Bill of Rights also states, “You may hire an appraiser or other professional to determine the value of your property or to assist you in any condemnation proceeding.” This means that you are not obligated to accept an initial offer, and you can even exercise your right to have your property appraised by a professional of your choosing to justify your request for a more fair and equitable amount of compensation. Condemnation appraisals are complicated and few appraisers know how to do them. An experienced condemnation attorney can help you find an appraiser that is experienced in this type of appraisal.
Learn More About Your Legal Rights and Options Today
As a private property owner in Texas, learning that a proposed construction project may affect your land can be concerning and intimidating. Suddenly, you face an uncertain future, and you wonder whether you can push back against this proposed project in any way. As soon as you hear about a new roadway improvement project or construction project in your neighborhood, it’s worth discussing your legal rights and options with Sewell Sewell Beard, LLC, Prosper’s go-to eminent domain and condemnation law firm. We’re here to examine the details of your situation and help you identify the most strategic path forward that enables you to secure a fair and just outcome. We have been doing this for 40 years.
Eminent domain and condemnation cases can be complex and daunting for private property owners to navigate in Texas or Alabama. That’s why the dedicated and experienced legal team at Sewell Sewell Beard, LLC, is ready to listen to your concerns, answer your questions, and guide you toward a fair and favorable resolution. Please call our Prosper, Texas office at (972) 777-5390 or our Jasper, Alabama office at (205) 544-2350 to discuss your options with a trusted condemnation attorney.
