Whether you have just purchased your first home or your family has been caring for a parcel of land for generations, property ownership bestows a certain amount of pride. Texas has some of the most robust legal protections in the country to uphold property owners’ rights, especially when it comes to shielding private landowners from governmental entities seeking to seize their property for construction projects. Although both state and federal governments have authorized qualifying entities with the power to exercise eminent domain authority in projects intended for public use, private landowners have legal rights and protections when facing these matters. Unfortunately, many Texas landowners who receive a condemnation letter informing them that an entity intends to seize their land for public use in exchange for compensation do not recognize that they have a say in these matters. It’s essential that you contact a trusted and caring Texas condemnation attorney as soon as possible to discuss the details of your situation so you can identify the most strategic path forward. Let’s take a look at the basics of condemnation matters in Texas and what steps property owners can take to uphold and enforce their legal rights during this process.
How Texas Defines Eminent Domain Authority
First, it’s helpful to understand the difference between the terms eminent domain and condemnation. These terms are often used interchangeably, but they refer to different legal principles and procedures. According to Texas A&M University’s Real Estate Center, “Eminent domain is defined as the power of the sovereign (or government) to take private property for public use. Condemnation is the procedure by which the taking or appropriation occurs. Thus, the former is the power, the latter is the process.” Both the federal and the Texas state constitutions assume or imply that eminent domain power exists in the government whenever the result will benefit the public in some way. Essentially, governmental entities enjoy eminent domain power. However, an entity may seek authorization to use eminent domain by statute. Texas recognizes several bodies and entities that have the right to invoke eminent domain power, such as federal, state, or municipal departments of transportation.
What Does “Public Use” Mean in Texas?
When an entity wishes to exercise its eminent domain power, it will initiate the condemnation process. In Texas, condemnation is subject to four requirements: (1) public use, (2) public necessity, (3) just or adequate compensations and (4) due process. The first of these restraints, public use, requires careful consideration. This deliberately vague term makes it difficult to define; many eminent domain projects must address how their proposals will meet the public use requirement before the matter moves forward. In general, condemnation projects that improve traffic flow, support water supply or flood control efforts, establish public buildings (i.e., hospitals, parks, schools, libraries, etc.), or pertain to underground storage operations or other infrastructure improvements fulfill the public use requirement. As of 2005, Texas added new statutes clarifying that public use does not apply to actions in which the taking “confers and private benefit on a particular private party through the use of the property” or “is for a public use that is merely a pretext to confer a private benefit on a particular private property.” Even if the eminent domain project meets the public use requirement, the entity must provide “adequate compensation” to the property owner in exchange for seizing their land.
How Property Owners Can Respond to Eminent Domain Actions
When an entity announces a new project that requires the invocation of eminent domain authority, it may hold public meetings to go over the details of the proposed project. Town hall meetings or other events open to the public allow members of the community to hear about the motivation behind the project, as well as the potential impacts. In some cases, you may only learn of an upcoming eminent domain project once you receive a condemnation notice from the entity informing you that it will be seizing your property in exchange for compensation. This experience can be frightening and confusing for Texas landowners, who may assume they have no choice but to comply with this action. However, it’s essential to recognize that Texas landowners have legal rights and protections to guide them through these difficult negotiations. Let’s take a look at what steps you can take to uphold and enforce your property rights in the face of a condemnation action that affects your land.
Contesting the Entity’s Eminent Domain Power
Sometimes, the condemning entity acts in bad faith. It may proclaim that it has eminent domain power, but that may not be the case. The condemning entity may seek to profit off the proposed project, which goes against the “public use” requirement. Enlisting the guidance of a trusted and experienced Texas condemnation attorney is the best way to determine if questioning the entity’s eminent domain power is the most effective and strategic response. While it may be difficult to undermine the entity’s eminent domain authority in court, it is not impossible. You and your attorney may be able to stop the condemnation process by unveiling the profit-driven motivations behind the entity’s proposed project.
Negotiating a More Fair and Favorable Compensation Offer
The government entity must provide you with an offer that is “just and adequate” in exchange for your property. However, these entities often hire professionals to justify compensating you as little as possible. Before you consent to their initial offer, you and your attorney can hire an independent appraiser who specializes in condemnation appraisals to determine a more comprehensive and fair valuation of the property. Even if the details of your situation make it impossible to stop the condemnation access, you can push for a more favorable amount of compensation to support this challenging transition. You can trust that your attorney will advocate for your best interests and help you pursue the most strategic course of action. It takes time to put together your case. So, it is important to contact an experienced condemnation attorney as soon as you learn that your land may be affected by a public construction project.
If you learn your land may be affected by a public construction project, and you want to get prepared to navigate this complex area of law, the dedicated and caring eminent domain, and condemnation lawyers at Sewell Sewell Beard LLC are ready to help you identify the most strategic path forward, put your case together and present it for you. We’ve been doing this for 39 years! Call our Alabama office at (205) 544-2350 or our Texas office at (972) 777-5390 today to get started.
