Homeownership is often a source of pride, and rightfully so. Whether your home has been passed down from generation to generation or you have saved enough money to purchase your own home, few things feel better than sitting on your porch and knowing that you own a valuable asset. According to recently compiled data, approximately 62 percent of Texas residents own their homes (as of 2020). Moreover, the 2020 Texas homeownership rate for people over the age of 65 was 80 percent—slightly higher than the national average. Although most property owners in Texas can enjoy the security of knowing that their land is legally and rightfully theirs, there are certain circumstances that can complicate or jeopardize these land ownership rights. Eminent domain, a power enshrined in both federal and state constitutions, allows a government entity to seize private property (in exchange for compensation) to facilitate construction projects that benefit the public in some way.
When a government entity wishes to invoke its eminent domain authority, it must provide the affected Texas property owner with a condemnation notice (offer to purchase) informing them of this intention and offering compensation in exchange for the taking of their land. Receiving a condemnation notice can be an overwhelming and confusing experience for individual property owners, but you do not have to go through the condemnation process on your own. As soon as you hear of an upcoming construction project that could affect your property, you should reach out to a highly qualified and experienced Texas condemnation attorney right away. Together, you can get prepared to know what you are entitled to before you receive the offer. Being prepared puts you in control of the situation and informs your next steps once you receive the offer. If you are prepared you will immediately know if the offer is legitimate or an attempt to shortchange you.
Understanding Texas Condemnation Law
Before we start exploring how Texas landowners can respond to condemnation notices, it’s important to take some time to understand Texas eminent domain and condemnation laws. Essentially, the use of eminent domain power is designed to support construction, expansion, and development projects that benefit the public. For example, federal or state departments of transportation may invoke eminent domain authority to construct a new roadway that improves traffic flow and relieves congestion in a community. In order to accomplish this goal, the department may need to acquire private property. Once the department identifies the legal descriptions of the private property to be acquired and has that property appraised, the department will issue condemnation notices (offers) to private landowners informing them of the upcoming project and offering compensation in exchange for the taking of their land. That is the moment in time that you want to be prepared. So, it’s important to start engines with an experienced condemnation attorney months before you receive that offer.
Navigating the Texas Condemnation Process
If you are not prepared, receiving a condemnation notice will be a confusing experience. Unfortunately, many condemning entities tend to word condemnation letters in such a way that makes it appear as if property owners have no choice but to accept the (often lowball) compensation offer. Nothing could be further from the truth. Texas has some of the most robust legal protections available to private landowners, especially when it comes to eminent domain and condemnation matters. When a condemning authority notifies a homeowner of its intent to seize the property, it must provide the private property owner with a copy of the State of Texas Landowner’s Bill of Rights. This document informs property owners of some of their legal rights and options when facing condemnation actions. By the time you receive the Landowner’s Bill of Rights and the condemnation offer, you should already have your case prepared and be ready to negotiate or litigate to obtain the compensation you are entitled to. It’s best reach out to a knowledgeable and caring Texas condemnation lawyer to start preparing your case as soon as you learn that your property may be impacted by the project.
Steps to Take Before Receiving a Condemnation Notice in Texas
It’s natural to feel confused and even intimidated when you receive a condemnation notice. Suddenly, your property and your future become uncertain, and you may wonder what steps you can take to protect your (and your family’s) best interests. Let’s take a look at a few steps you can take before receiving a condemnation letter to position yourself on offense, not defense.
Get in Touch With a Knowledgeable Texas Condemnation Lawyer
The sooner you enlist the guidance of an experienced Texas condemnation attorney, the more time you will have to scrutinize the details of the situation and develop a strategic plan. Engaging the services of a highly qualified and empathetic Texas condemnation lawyer allows you to learn more about eminent domain laws and exactly what forms of compensation you are entitled to receive. You and your attorney can make informed decisions with great certainty and confidence as you go on offense to achieve the most favorable outcome.
Hire an Outside Appraiser to Help With Property Valuation
When a condemning authority prepares its condemnation notice, it must provide a “bona fide” offer of compensation in exchange for taking your land. However, condemning authorities usually hire appraisers with whom they already have a long-standing relationship, which means that the initial offer of compensation often fails to account for the full value of your property. Moreover, it’s within your rights as a private landowner to hire an independent appraiser to assess your property and use this valuation to negotiate a more equitable amount of compensation from the condemning authority. You can discuss this strategy in greater detail with your eminent domain attorney. Condemnation appraisals are complicated. Your attorney can put you in touch with an appraiser who has this unique skill set. It’s important to start early so that you are prepared to negotiate when you receive the compensation offer.
Prepare Yourself for the Path Ahead
Even though it’s natural to want to conclude this matter as quickly as possible, condemnation cases can take time to resolve. You and your condemnation attorney can work together to articulate your goals and then develop a legal strategy to take the offensive. Sometimes, lengthy negotiations or even legal proceedings are required to obtain the full amount of money you are entitled to receive. While wading through courtroom appearances may be the last thing you want to do, it’s essential to understand that the condemning authority must believe that you are willing to do so to hold them accountable. No matter how your eminent domain or condemnation case unfolds, you can trust that your dedicated Texas condemnation attorney will remain by your side to advocate strongly and vocally on your behalf at every opportunity.
The dedicated legal team at Sewell Sewell Beard LLC is ready to assist you, so please call our Prosper, Texas office at (972) 777-5390 or our Jasper, Alabama office at (205) 544-2350 today to get started. We’ve been doing this for 40 years!
