Texas property owners may not realize that certain government entities have the right to seize private land to complete a construction or expansion project as long as it is for public use. This Constitutional authority is known as eminent domain, and the entity seeking to exercise this power must provide “just compensation” in exchange for taking the property. Unfortunately, many property owners fail to recognize that they have a say in eminent domain matters. When an entity begins to exercise its eminent domain power, it will send the affected landowner condemnation letters to inform them of the impending proceedings and offer them an amount of compensation in exchange for their property. Condemnation letters are often worded authoritatively, making it seem like the recipient must accept the offer without question. However, Texas provides property owners the right to contest condemnation matters, especially if the proposed project fails to meet the public use requirement. Whether you are concerned about the impact of an upcoming construction project in your community or you have received a condemnation notice, here are some strategies to protect your property rights before and during this challenging process.
Understanding Eminent Domain and Condemnation in Texas
Local, state, and federal government entities are endowed with eminent domain authority. This legal power allows authorized entities to seize private property for public use. In exchange, the party must provide “just compensation” to the landowner, but this term remains fairly vague. Additionally, the term “public use” may require the condemning authority to justify how the proposed project will fulfill this requirement. The condemnation process begins when an entity wishes to exercise its eminent domain authority. Condemnation is a legal process in which the authority must have the impacted property appraised to determine how much compensation to provide the landowner in exchange for their property. As you might guess, these appraisals typically fall short of the property’s market value. As a landowner, you have the right to reject this offer. Rejection of the offer triggers formal proceedings, during which the government may file a Complaint for Condemnation. A probate judge will determine whether the entity has the legal authority to seize your property and, if so, how much you should receive. It’s essential to remember that you have the right to contest an eminent domain or condemnation matter, but enlisting the assistance of an experienced Texas condemnation attorney is the most effective way to navigate this process with greater certainty, confidence, and success.
How to Prepare for Condemnation
As soon as you learn of a proposed project that could impact your property, you can start taking steps to defend your property rights and protect your best interests. Most condemnation projects involve the construction or expansion of roadways or transportation systems, construction of a new park or recreational area, or even retail centers (as long as the developers can explain how these projects will benefit the public). Here are some of the steps you can take to maximize your chances of obtaining the most favorable outcome.
Contact a Condemnation Lawyer
The best action you can take as soon as you learn of an eminent domain matter in your area is to contact a knowledgeable condemnation attorney. Laws surrounding eminent domain and condemnation tend to be complex, so it’s essential to have a trusted professional by your side to answer your questions, address your concerns, and help you identify the most strategic path forward. Your attorney will assess the details of the case to determine whether the proposed project fulfills the legal requirements or if the entity even has eminent domain authority to conduct this project. If the matter moves forward, your attorney will work hard to ensure you receive the compensation you deserve—not a lowball first offer.
Prepare For Inspection and Valuation
Before the condemning authority makes you an offer, they need to send an appraiser to appraise the property, determine its value, and any damages associated with the seizure of this property. It’s important to recognize that most of these appraisers have lasting relationships with the condemning authority, so they tend to undervalue properties and save these entities as much money as possible. For instance, they may fail to value your property according to its “highest and best use,” and the settlement offer will fall short of your land’s actual value. Or they may fail to determine whether you are entitled to additional money for damage to your land not taken – that’s called damage to remainder. The failure to include damage to remainder is a routine way to create a lowball first offer. However, you still need to cooperate with the appraiser, allowing them to access your property to conduct the inspection and valuation. Your attorney will help you prepare for these events and remind you that you will have the opportunity to enlist another independent appraiser for a more objective and comprehensive appraisal.
Understand Your Legal Rights
As much as the condemnation process may overwhelm you or make you feel powerless, remember that you have the right to negotiate a fairer, larger amount of compensation. Your lawyer is there to help you understand your rights and options for obtaining a favorable outcome. You do not have to go through this challenging and confusing process alone—you can trust that your attorney will advocate passionately on your behalf to ensure you secure the best possible outcome.
Sewell Sewell Beard LLC provides client-centered legal services to those facing eminent domain or condemnation matters. Call our Alabama office at (205) 544-2350 or our Texas office at (972) 777-5390 to learn more.
