As a landowner in Texas, it’s important to understand the condemnation process as it could impact your property ownership rights. Many people fail to recognize their legal rights during an eminent domain or condemnation proceeding, causing them to turn over their property for unfair compensation. If a governmental body has notified you of an upcoming project that requires this entity to seize your property and convert it for public use, you should contact an experienced and knowledgeable Texas condemnation attorney right away to discuss the situation. Here is a brief overview of the condemnation process in Texas and what steps property owners can take when they receive a condemnation notice.
Eminent Domain and Condemnation in Texas
Federal, state, and local governments are endowed with the authority of “eminent domain,” allowing them to acquire private property for projects that will benefit the public in some way. For instance, a transportation authority may use its eminent domain power to seize property to construct or expand a highway. In some instances, private entities like utility companies may be able to enforce these rights (i.e., to expand a water or gas line). These bodies must initiate a legal process called condemnation to enforce their eminent domain rights. There are several steps to this process, and their goal is for landowners to hand over their land in exchange for “adequate compensation.” However, this term is vague and leaves property owners vulnerable to lowball offers.
Understanding the Steps of the Condemnation Process
As soon as you hear any news about an upcoming construction project in your community, you should attempt to gather as much information as you can about the impact of this project. You may also want to contact a trusted condemnation attorney to discuss the situation and prepare for the weeks and months ahead. Below are several steps of a condemnation proceeding to help you gain a clearer understanding of what to expect during that process.
The Condemnation Notice
Landowners affected by the construction project will receive a condemnation letter informing them that the entity is enforcing its eminent domain authority to seize the property for public use. This letter will include an offer in exchange for deeding the property over to the government entity, as well as any appraisal reports produced or acquired by the entity relating to the property. It’s essential to recognize that most entities will make a lowball offer, hoping that the property owner does not recognize their right to push for more equitable compensation. Texas law requires the government to pay for the land it takes valued at that land’s highest & best use, not its current use. Texas law also requires the government to pay for the damages it causes to the land it does not take from you. The amount of those “damages to the remainder” is often significant and is usually not included in a letter of offer because most people don’t know they are entitled to be paid for land that was not taken. That’s a trap for the landowner and a really good reason to reject a lowball offer. In most cases, people who accept the offer letter leave a lot of money on the table. The offer letter is not the end of the negotiation, it’s the beginning. At this point, it’s highly advisable to enlist the assistance of a trusted Texas condemnation lawyer to develop your counter offer.
Negotiating a More Equitable Compensation Amount
It’s important to recognize that Texas landowners have the right to hire outside professionals to conduct a more thorough and accurate appraisal of their property. With this information and documentation, you and your attorney will know what you are legally entitled to receive, and you will be positioned to respond to an offer letter. In many cases, the government entity will pay what you ask if they know you are prepared to meet them in court. Like football, the best defense is a good offense.
Taking the Condemnation Matter to Court
When the condemning entity and the landowner cannot agree on the value of the property, the entity may initiate condemnation proceedings by filing a claim for your property in the Probate Court in the county where the land is located. This filing must include several key components, including the details of the intended public use of the property, the landowner’s name, proof that the condemning entity made a bona fide offer to acquire the property from the landowner voluntarily, and a statement regarding the two parties’ inability to agree on the value of the property. Once the entity files the condemnation claim in court, the judge will appoint a special commission, usually three people, to determine the amount of compensation awarded to the landowner. If both parties agree with that award, the matter will conclude.
Appealing the Special Commissioners’ Decision
If the landowner or the condemning entity object to the amount of the award, either may file an appeal to the District Court for a trial de novo, meaning you start over in the District Court where a jury can be demanded to award damages. The case in District Court will proceed; however, once the original award is paid into the Probate Court, the condemning entity may take possession of the property by paying the amount of the award—even during an appeal. Working with an experienced condemnation attorney is the best way to ensure you move through all these steps with the upper hand.
Protecting Your Best Interests at Every Turn
Receiving a condemnation letter can be overwhelming, especially if you do not understand your legal rights. Many property owners assume that they must accept the initial settlement offer, but doing so often causes them to lose out on the total worth of their case, and that’s a huge mistake. Enlisting the guidance and support of an experienced Texas condemnation attorney can give you the clarity and confidence to move forward and obtain a fair and favorable outcome. You’ll be glad you did!
If you need help navigating a condemnation matter, call Sewell Sewell Beard, LLC, today at (205) 544-2350 (Alabama office) or (972) 777-5390 (Texas office) to get started with a trusted and experienced attorney.
