If you own property in Texas, you may be surprised to learn that there are circumstances in which a governmental agency can seize your land to use for projects intended for public use. This power is called eminent domain, and both federal and state constitutions endow government entities with this authority. When a federal, state, or local government agency wishes to invoke its eminent domain authority, it must provide the affected landowners with a condemnation letter and offer an amount of compensation that is considered “just.” The legal process of an entity using eminent domain is called condemnation. If you have received a condemnation letter or learned of an upcoming construction project that could impact your property, reach out to a trusted and caring Texas condemnation attorney to discuss your options. Many landowners erroneously assume that they have no legal authority to contest or dispute an eminent domain action. Working with an attorney can empower you to understand your legal rights and negotiate a much more favorable settlement offer. Let’s take a look at what the eminent domain and condemnation process typically entails in Texas.
The Legal Definitions of Eminent Domain and Condemnation
First, it’s helpful to understand some of the basic definitions involved in condemnation proceedings. The term eminent domain refers to “a governmental entity’s legal authority to force a private landowner to sell his or her real property for public use.” In exchange for seizing the property, the governmental entity must provide the landowner with “just compensation.” Departments of transportation, public utility companies, water bureaus, and other governmental entities have the Constitutional authority to exercise their eminent domain power for projects that will benefit the public in some way (i.e., expanding a highway, or constructing a new public park, school, or library). The term “condemnation” refers to the legal process that governmental agencies and certain authorized private entities use when exercising their eminent domain power.
Navigating the Condemnation Process in Texas
Eminent domain and condemnation proceedings must adhere to a specific set of rules and procedures. Although every eminent domain project is unique, the process for notifying affected property owners and moving through condemnation proceedings typically follows a set pattern. Below is a brief overview of what you can expect during the condemnation process in Texas.
Studying the Area and Announcing the Project
When a governmental or authorized private entity wishes to exercise its eminent domain power, it will hold public meetings to inform the public about the proposed project and its impact on the community. The condemning entity (also known as the “condemnor”) will share any assessments it has regarding the scope, duration, and outcomes of the upcoming project. For instance, the condemnor overseeing a highway expansion project may share projections of anticipated population growth in the area and how adding new lanes or routes will address traffic congestion.
Property Owners Contact an Attorney
If you are concerned that the project will affect your land or property, contact an experienced condemnation lawyer as soon as possible. Eminent domain laws are nuanced and complex—your attorney can help you understand your rights and responsibilities as you navigate each step of the condemnation process. Many property owners do not know that they have the right to negotiate a more fair and equitable amount of compensation. Your lawyer will provide you with the information and strategies you need to secure a more favorable outcome.
Condemnor Inspects and Values the Affected Property
In order to make you an offer, the condemnor must assess your property and determine its value. It’s essential to recognize that the condemnor will likely use an appraiser with whom they have an existing and long-standing relationship, meaning that the valuation will likely favor the best interests of the condemnor. Although the appraiser must make an offer that considers the “highest and best use” of the property, the initial offer is frequently far below the fair market value of your property.
Receiving and Evaluating the Offer
The condemnor will notify you by sending a letter that includes the compensation offer. Your lawyer will then assess this letter and determine the most appropriate path forward. Many condemnation lawyers will recommend hiring an independent and experienced appraiser to conduct a second valuation of your property using the methodologies unique to condemnation that were not performed by the condemnor’s appraiser. You can use this second assessment to negotiate a more equitable settlement offer and as evidence if the case proceeds to court.
Resolving the Condemnation Process
In many cases, the condemnor will accept your request for a more favorable settlement. However, the matter may proceed to court to obtain a resolution. Litigation can be stressful for property owners, so it’s key to work with your attorney to prepare for every step of the process. Whether you resolve the matter through negotiation or by taking the matter to court, you can trust that your attorney will work hard to protect your rights at every turn.
Learn more about the condemnation process by calling Sewell Sewell Beard at our Texas office (972) 777-5390 or our Alabama office (205) 544-2350 to speak with a dedicated and trusted condemnation attorney.
