Owning land in Texas is often a source of pride for those who accomplish this feat. Whether you have just purchased your first home or you have inherited a piece of property that has been in your family for generations, land ownership can provide financial stability and satisfaction. However, while Texas has some of the strongest legal protections for private property owners in the country, there are circumstances in which a governmental entity may invoke its eminent domain power to seize your land for construction projects intended for public use. Both federal and state constitutions grant eminent domain authority to certain entities, allowing them to convert private property into highway expansion projects or public school construction projects that benefit the community in some way. When a qualified entity wishes to exercise its eminent domain power, it will initiate a legal process called condemnation. Unfortunately, many private landowners in Texas are not aware of their legal rights during the condemnation process, depriving them of the fair and equitable compensation they rightfully deserve. Working with a knowledgeable and experienced Texas condemnation attorney is the best way to ensure that your rights remain intact throughout the entire process as you negotiate a just and favorable compensation offer from the condemning authority. Let’s take a closer look at how the condemnation process usually unfolds and the steps you can take to maximize the amount of compensation you can recover along the way.
What is Condemnation?
Let’s start by exploring the term “condemnation” and how it affects private property owners in Texas. According to the Real Estate Center at Texas A&M University, “Eminent domain is defined as the power of the sovereign (or government) to take private property for a public use. Condemnation is the procedure by which the taking or appropriation occurs. Thus, the former is the power, the latter is the process.” Essentially, when a governmental entity wants to expand a highway, build a bridge, construct a new public library, or build a public park, it will invoke its eminent domain power and initiate the condemnation process. Beginning this legal process requires the condemning authority to notify the private property owners whose land will be impacted by the construction project of the impending action. In exchange for seizing the property, the condemning authority must provide “adequate compensation” to the landowner. Article 1, Section 17 of the Texas Constitution states, “No person’s property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person.” In other words, landowners have the constitutional right to secure a fair and adequate amount of compensation in exchange for handing over their property to the condemning authority.
Understanding Your Rights as a Texas Landowner
When you receive a condemnation letter informing you of the entity’s intent to seize your property for a public purpose, it’s important to recognize that you have several legal rights. Unfortunately, condemnation letters are worded in such a way that makes the recipient assume that they have no choice but to go along with the process and accept the amount of compensation offered. However, the Texas Landowner’s Bill of Rights outlines the legal protections and rights of property owners when they’re faced with a condemnation action. For example, this document expressly states that your property can only be condemned for public use, and only a governmental entity or private entity that has been authorized by law to invoke eminent domain power may initiate a condemnation action. The Landowner’s Bill of Rights also addresses matters of compensation and encourages Texas property owners to enlist the assistance of a trusted and experienced condemnation attorney to help them negotiate a fair and just compensation offer.
Negotiating Compensation in Condemnation Matters
When the condemning authority notifies the property owner of its intent to seize their land, it must “make a bona fide offer to buy the property before it files a lawsuit to condemn the property—meaning the condemning entity must make a good faith offer that conforms with Chapter 21 of the Texas Property Code,” according to item seven of the Texas Landowner’s Bill of Rights. Unfortunately, most condemning authorities will use their preferred appraisers to value the property, which often leads to lowball offers that fail to encompass the full scope of factors that determine the actual value of the property and any additional damages to which the landowner may be entitled. However, your experienced Texas condemnation lawyer can push back against a lowball offer by bringing in an independent condemnation appraiser to provide a more comprehensive valuation of your land that takes into account both the present and prospective value of the property, among other relevant factors. You can use this information to push for a fairer amount of compensation in exchange for your property. The Bill of Rights also grants landowners the right to take the matter to a hearing before a court-appointed panel of three special commissioners. This panel will assess the specifics of the situation and determine the amount of compensation the condemning authority owes you for seizing your property, as well as any additional compensation you may receive for the reduction in value of your remaining property. Texas landowners may also appeal that award to District Court to have a jury hear the case and enter an award.
Discuss Your Options With a Trusted Texas Condemnation Lawyer
As soon as you learn of an upcoming construction project in your community, contact a knowledgeable and experienced Texas eminent domain lawyer to discuss your options. The sooner you start discussing the potential impact of this project, the more time you will have to develop a comprehensive and effective legal strategy for exercising your rights and negotiating a favorable settlement offer. You can rely on your skilled and caring condemnation attorney to answer your questions, address your concerns, and advocate for your best interests at every turn. It is important to engage an experienced condemnation attorney early because it takes time to put your case together.
If you are facing the prospect of an eminent domain or condemnation action, the dedicated condemnation attorneys at Sewell Sewell Beard LLC are here to help you understand your legal rights. We’ve been doing this for 39 years. Call our Prosper, Texas office at (972) 777-5390 or our Jasper, Alabama office at (205) 544-2350 today to get started.
