As the owner of private property in Texas, you enjoy some of the strongest legal protections available to landowners throughout the country. For the most part, landowners can take care of their property and use it as they see fit. However, there are some limitations to a property owner’s legal claim to their land, particularly when the local, state, or federal government becomes involved. Eminent domain power is granted to government entities that need to seize and use private property for projects that will benefit the public in some way. For example, the Department of Transportation may propose a highway expansion initiative that will relieve traffic congestion in the area and improve traffic flow, which benefits the community. In order to build a new highway or add additional lanes of traffic to an existing roadway, the entity wishing to invoke its eminent domain authority (in this case, the Department of Transportation), may initiate condemnation proceedings against private landowners so it can use their land for this purpose. In exchange for taking the property, the condemning authority must provide the landowners with “just or adequate compensation” and inform them of their legal rights during the condemnation process.
In some cases, the condemning authority may seize or damage land without filing a condemnation action. If this has happened to you, you may be able to file an inverse condemnation lawsuit against the local or state government for their failure to follow the formal condemnation procedures. Enlisting the guidance of a seasoned and caring Texas inverse condemnation attorney is the best way to ensure that your legal rights are protected at every turn. Let’s take a look at some of the distinctions between local and state condemnation claims in Texas and how working with a trusted eminent domain lawyer can maximize your chances of obtaining a fair and favorable outcome.
Understanding Texas Inverse Condemnation Claims
First, it’s helpful to define the term “inverse condemnation,” particularly as it relates to private property owners in Texas. 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 entity.” In other words, a private landowner whose property has been damaged, destroyed, or taken by means other than a direct condemnation action may be justified in bringing an inverse condemnation action against the government entity. It’s important to recognize that an inverse condemnation claim is initiated by the property owner, unlike statutory condemnation proceedings (which are initiated by the government entity seeking to invoke eminent domain authority). During statutory condemnation proceedings, the government initiates the legal process and offers the landowner an amount of compensation that it considers to be fair and reasonable. The property owner has the right to accept the compensation or enter into negotiations in order to obtain a more equitable or favorable amount of compensation or go to court. Inverse condemnation actions, in contrast, happen when the landowner wants to recover compensation from the condemning authority for taking or damaging the property where no direct condemnation action was commenced.
Texas Inverse Condemnation Claim Types
There are four main types of inverse condemnation claims available to private landowners in Texas. Essentially, inverse condemnation claims come down to the landowner being deprived of using or enjoying their property because of the government entity’s actions or failures. Seizing and damaging property inverse condemnation claims typically involve instances where the government assumes authority over privately owned land and inflicts damage on its overall value. When the government entity physically takes possession of a property interest for a public purpose but causes damage or fails to compensate the landowner fairly, this may be considered physical appropriation (and, therefore, the landowner may file an inverse condemnation claim). Regulatory takings occur when the government over-regulates the property so much that the property cannot be used, denying all economically viable uses of the property. In some cases, a property owner can file an inverse condemnation action for extractions, in which the government entity compels the landowner to “trade” money or other development concessions for the government’s permitting or approval. Ultimately, inverse condemnation actions may be justified when road construction, flood control projects, or other regulations deprive the landowner of the use of their property.
Navigating Local or State Inverse Condemnation Claims in Texas
Inverse condemnation claims against local entities are usually handled in Texas state courts and require proof that the local government’s actions resulted in the taking of private property without just compensation. While state government claims may involve different procedural rules or additional pre-litigation steps, both types of inverse condemnation claims necessitate demonstrating a direct loss of property value due to government action. A lawsuit for inverse condemnation may be brought by a property owner at any time, as long as they can provide sufficient evidence of the government’s taking, using, or damaging the property without providing fair and adequate compensation in return. As an individual property owner, the prospect of taking on a larger government entity can seem intimidating and daunting. However, it’s essential to recognize that you do not have to navigate this challenge alone. With a highly qualified and experienced Texas inverse condemnation attorney by your side, you can move forward with your legal claim with a much greater chance of success.
Learn More About the Inverse Condemnation Process Today
In Texas and Alabama landowners may initiate legal proceedings against government entities that take or damage their property and fail to compensate the owner. Before you assume that you have no choice but to deal with this damage or loss and move on, consider discussing the specific details of your situation with a knowledgeable and empathetic Texas condemnation and eminent domain attorney. Together, you and your lawyer can explore your options for taking a stand against the government entity and recovering the compensation you deserve.
If you are ready to learn more about your legal rights as a property owner, the dedicated team of eminent domain and condemnation attorneys at Sewell Sewell Beard LLC is here to assist you. We’ve been doing this for 40 years. Please call our Jasper, Alabama office at (205) 544-2350 or our Prosper, Texas office at (972) 777-5390 today to get started.
