Owning property is an achievement, whether you have recently purchased your first home or you have been living in the same home for several decades. Although Texas property owners enjoy some of the strongest protections in the country, there are times when a government-affiliated entity can invoke what’s known as eminent domain power to seize privately owned property for public use. In other words, federal, state, and local governments may use eminent domain authority to convert private property into projects intended to benefit the public in some way. For instance, a new highway may need to be constructed in order to ease traffic congestion in a particular area, or a public school may need to be built to serve more students in the community. In order to accomplish these goals, the government entity may invoke its eminent domain power to take private land on which to build new structures or expand existing roadways. However, the entity exercising eminent domain authority must provide compensation to the affected landowners in exchange for taking their property. It’s important to understand that eminent domain refers to the constitutional power of a qualified entity to seize land for public use, while the formal legal process that occurs when eminent domain is exercised is called condemnation.
As soon as you hear of a proposed public construction project in your area, it’s essential that you get in touch with a highly qualified and experienced Texas condemnation attorney. Together, you can assess the specific details of the situation and identify the most strategic course of action. The prospect of navigating the condemnation process or becoming involved in an eminent domain dispute is intimidating and stressful, but having a trusted Texas eminent domain lawyer by your side can help you make all the right moves through each step of the process. Let’s take a look at what you can expect during the property condemnation process in Texas and how you can exercise your Texas landowner rights to ensure that you secure a fair and favorable outcome.
Understanding the Condemnation Process in Texas
Texas landowners facing condemnation have several rights that they need to understand before they move through this legal process. In fact, the Texas Attorney General’s Office has established a document called the State of Texas Landowner’s Bill of Rights, informing both the condemning authority and Texas property owners of their legal rights and obligations in eminent domain matters. This document also outlines some of the key steps involved in the formal condemnation process, such as the condemning entity’s obligation to “provide you with a written appraisal from a certified appraiser detailing the adequate compensation you are owed for your property.” The condemning authority is also required to include a copy of the Landowner’s Bill of Rights along with its written condemnation notice and compensation offer. Perhaps most importantly, landowners who receive a condemnation notice should recognize that they have the right to decline the compensation offer (which typically undervalues the worth of the property). The landowner may take the matter before a Special Commissioners’ hearing in order for the panel of three specially appointed local landowners to determine a fair amount of compensation owed to you by the condemning authority.
What To Do If Your Property is Condemned in Texas
As soon as you hear of a proposed project in your area that could affect your property, it’s worth enlisting the support of a knowledgeable and experienced Texas eminent domain attorney. While you are not required to have legal representation to navigate the condemnation process, doing so is highly recommended to maximize your recovery. Together, you and your attorney can review the condemnation notice and the compensation offer. Since the offer will likely be low, you can work with an independent appraiser to receive a more comprehensive valuation of your property. Your condemnation attorney can help you find an appraiser experienced in condemnation cases. Should the matter proceed to a Special Commissioners’ Hearing, your condemnation lawyer can present your case..
Compensation for Condemned Property in Texas
When the condemning authority notifies the property owner of its intent to seize the property through eminent domain, it will include a compensation offer in exchange for the taking. However, many condemning authorities base their offers on the valuations of appraisers with whom they have an existing, cosy relationship. In other words, the appraisal will likely favor the condemning authority and undervalue the property. However, it’s essential that affected landowners understand their right to negotiate a more just compensation offer from the government entity. Moreover, you can challenge the Special Commissioners’ award of compensation if you are not satisfied with the outcome by filing a formal objection. After you file an objection, you and your attorney can take the matter to civil court, where the case can be heard by a jury or judge. Should you not agree with the verdict, you can still file an appeal. The important thing to remember is that you have many options available to you, especially when you enlist the guidance and support of a highly qualified and caring Texas condemnation attorney.
FAQs About Texas Condemnation Cases
As you face a potential condemnation or eminent domain action, it’s natural for several questions to arise along the way. Below are just a few of the most frequently asked questions (FAQs) about the Texas condemnation process so that you can begin to prepare for the upcoming legal proceedings.
Can I Stop My Property From Being Condemned?
Unfortunately, you cannot immediately stop your property from being condemned by a qualified government entity with eminent domain authority. However, you and your attorney can take the matter to court to question whether the entity has eminent domain authority or if the purpose of the project actually fulfills the public use requirement. You can discuss your specific concerns with your dedicated and skilled Texas eminent domain attorney for more information.
Do I Need a Condemnation Lawyer?
While property owners facing condemnation are not required to hire an attorney to navigate the legal process, doing so is highly recommended to ensure that their legal rights remain protected and respected. People who try to represent themselves usually leave a lot of money on the table.
Don’t let the prospect of condemnation overwhelm or intimidate you. As soon as you learn of a potential eminent domain project that could affect your property, reach out to the dedicated legal team at Sewell Sewell Beard, LLC, today by contacting our Prosper, Texas office at (972) 777-5390 or our Jasper, Alabama office at (205) 544-2350.
