There are times when a qualified government entity can invoke its constitutional authority to take privately owned land in order to complete a project that benefits the public in some way. This constitutional authority is called eminent domain, and it requires the entity to provide “just” compensation in exchange for taking the land from the affected property owner. It’s important to understand that the term eminent domain refers to the legal authority for a qualified entity to take privately owned land, while the term condemnation refers to the formal legal process that’s initiated by the entity as it assumes ownership of the land in exchange for compensation. Unfortunately, most property owners in Texas are not aware of their legal rights and options in the face of eminent domain or condemnation. They often feel as if they have no choice but to accept the initial offer of compensation, which is more than likely to be a lowball offer that undervalues the property’s worth. If you learn of a proposed construction project that will affect your local area (and potentially your property), it’s essential that you immediately contact a highly qualified and experienced condemnation attorney who can help you understand your rights and options in these matters. While you will typically have several options, today we are exploring eminent domain hearings and what you can expect during this process as you and your dedicated legal advocate work to secure more money and more protection from the harmful effects of the project to your remaining land.
When is an Eminent Domain Hearing Required in Texas?
Texas eminent domain matters typically begin with the condemning authority presenting the landowner with a condemnation notice that includes a compensation offer for the taking of the property. According to the State of Texas Landowner’s Bill of Rights, “The condemning entity must make a bona fide offer to buy the property before it files a lawsuit to condemn the property—meaning the condemning entity must make a good faith offer that conforms with chapter 21 of the Texas Property Code.” In other words, the condemning authority must present the landowner with a reasonable amount of compensation before formal condemnation proceedings move forward. However, the landowner has the right to reject the offer and hire an independent appraiser to conduct a legitimate valuation of the property using the methodologies required by Texas law. The landowner can then use this better appraisal to negotiate a for more money. Should these negotiations fail, the parties can take the matter to an eminent domain hearing before a panel of special commissioners.
Navigating the Eminent Domain Hearing Process in Texas
According to the Texas General Attorney’s Office, “No later than 30 days after the condemning entity files a condemnation lawsuit in court, the judge will appoint three local landowners to serve as special commissioners and two alternates.” Essentially, these special commissioners will listen to you and the condemning authority at the hearing, evaluate the evidence presented, and determine the amount of compensation that is appropriate and adequate. Their decision, known as the “Award,” will be filed with the court and will allow the condemning entity to assume possession of the property—even if one or more of the parties objects to the Award. However, it’s important to recognize that any party who disagrees with the Award has the right to file an eminent domain appeal, which will send the matter to state court like any other civil lawsuit. At this stage, you can demand a trial by jury. That is something the condemning entity fears. Below are some of the primary events that you can expect to navigate during the eminent domain hearing process.
Understanding Your Landowner Rights During the Special Commissioners Hearing
First, it’s helpful to recognize that you have the right to decide whether or not to appear at the hearing. If you choose to attend the hearing, you have the right to question witnesses and provide your own evidence pertaining to the value of your property. Moreover, the condemning authority is obligated to provide you with all existing appraisal reports about your property and any other relevant information at least three days before the hearing takes place. It also follows that you are required to provide any of the appraisal documents you intend to use at the hearing to the condemning entity within this same time frame.
Presenting Evidence in Support of Your Request for Adequate Compensation
At the hearing, you will be able to present evidence that supports your pursuit of a fair and equitable amount of compensation in exchange for turning over your land to the condemning authority. Government land acquisition matters can be complex and daunting for landowners, especially if they feel unsure of their legal rights in these circumstances. However, when you enlist the assistance of a highly experienced and trusted condemnation lawyer, you can trust that your best interests will remain protected at every opportunity. Together, you can identify the most strategic evidence to present during the hearing, such as testimony from an independent appraiser, valuation reports, and other documents that can attest to the reasonableness of your request.
Responding to the Special Commissioners’ Award
It’s important to understand that the role of the special commissioners is strictly limited to “determining the monetary compensation for the value of the property condemned and the value of any damages to the remaining property.” In other words, they cannot move beyond this narrow scope to address larger matters, such as whether the condemnation is necessary or justified in the first place. Once the commissioners file the Award, you still have the right to appeal the decision and take your case to civil court where you can demand trial by jury.
Anticipating Questions About Eminent Domain Hearings in Texas
It’s natural for questions to arise as you navigate through the eminent domain and condemnation process in Texas. Let’s take a look at some of the answers to frequently asked questions about eminent domain and real estate litigation so you can feel more confident in the decisions you make.
What Happens if I Don’t Attend My Eminent Domain Hearing?
Attendance at the special commissioners’ hearing is optional. However, many people find that attending the hearing empowers them to present clear and convincing evidence in support of their request for more fair and equitable compensation. Attending also allows your attorney to learn more about the weaknesses of the condemning authorities’ witnesses, appraisal and case.
Can I Make an Eminent Domain Appeal?
Any party that is not satisfied with the special commissioner’s Award has the right to file an appeal and take the matter before a civil court where you can demand trial by jury. You can learn more about your options regarding property condemnation actions by working with a dedicated and trusted Texas eminent domain attorney.
At Sewell Sewell Beard LLC, we focus on providing exceptional legal services to clients facing eminent domain matters and condemnation actions. We’ve been doing that for 40 years. We believe in empowering property owners to exercise their legal rights and options to obtain the compensation they deserve. Please contact our Jasper, Alabama office at (205) 544-2350 or our Prosper, Texas office at (972) 777-5290 to get started with a highly qualified and caring condemnation attorney.
