Owning land in Texas comes with many legal rights and responsibilities. Unfortunately, many property owners are taken by surprise when a government entity informs them of its intention to seize their land for a construction project in exchange for compensation. The Texas Constitution endows certain bodies, such as governmental agencies, with eminent domain authority, meaning they have the right to take private land for public use. In exchange for the land, this condemning authority (“condemnor”) must provide “just or adequate” compensation to the landowners. The legal process of enforcing eminent domain power is called condemnation. If you’ve learned of an upcoming project, such as the expansion of a highway or the construction of a new public park, in your area that could impact your land, reach out to a trusted and experienced Texas condemnation attorney right away to discuss your legal options. The condemnation process is challenging and confusing to navigate, so working with a knowledgeable lawyer is the best way to ensure you maximize your award of compensation and damages.
How Condemnation Works in Texas
When an entity wishes to exercise its eminent domain authority to move forward with a proposed project, it must demonstrate that the project will benefit the public. Projects involving transportation, water supply, flood control, wastewater, utility services, pipeline expansion, or the construction of public buildings, hospitals, parks, libraries, or museums often involve eminent domain and condemnation proceedings. The condemning authority must provide reasonable notice of their intention to seize your property and offer you in writing “just and adequate” compensation in exchange. You’ll receive a condemnation notice in the form of a written offer to purchase your land. It is likely that you will be disappointed in the amount of the initial offer. Unfortunately, many condemning authorities carefully word their offer letter to make it seem like recipients have no choice in the matter. Many landowners assume that they have no choice but to accept the initial offer. However, Texas property owners can push back in several ways, such as by challenging the entity’s power to exercise eminent domain authority, questioning whether the proposed project fulfills the public use requirements, or by negotiating a much higher payment. Condemnation matters quickly escalate, so it’s critical to enlist the support of a skilled condemnation attorney as soon as you learn that your property might be affected by a construction project. Your lawyer needs time to prepare your case.
The Phases of the Condemnation Process
The condemnation process in Texas involves several steps. It’s essential to remember that you are entitled to due process as a property owner facing condemnation, meaning that you must have a reasonable opportunity to be heard on the issues of whether the entity has the legal right to condemn your land and on the issue of just and adequate compensation. You do not have to accept the first offer and it is most always a mistake to do so. The condemnation procedure has three main stages: negotiation, a hearing before the special commissioners, and (if necessary), an appeal. But, all three are just different levels of negotiation.
Negotiating With the Condemnor
You have the right to reject the amount of compensation the condemnor initially offers you. The better plan is for you and your attorney to retain an independent appraiser who is experienced in condemnation valuation and damages. That usually exposes the initial offer you received to be much lower than what you are entitled to receive. It also arms you with the evidence you need to support your counteroffer and, if necessary, to go to court. Should you and the condemnor fail to resolve the dispute, the condemner will file a petition with the Probate Court in the county where the land is located.
Taking the Matter to Court
Once the petition is filed in Probate Court, the judge will appoint three disinterested persons (typically real property owners residing in the county) to serve as special commissioners. They will oversee the hearing and determine issues such as market value, special damages, and special benefits. Their final written decision will be filed with the judge. It is essential to be represented in this proceeding by a seasoned condemnation attorney who can both present your case and expose the flaws and shortcomings of the condemning authorities case.
Pursuing an Appeal
The special commissioners’ final decision is not set in stone. If either party is dissatisfied with the award, they may appeal to the District Court and demand a jury trial. Juries tend to be unsympathetic with those who seek to condemn private land – and condemning authorities know that. A skilled condemnation lawyer knows how to position your case before a jury to greatly increase the amount of money you will be awarded. Litigation is just another means of negotiation. That’s why it’s a mistake to accept the first offer. If you do, you will likely leave lots of money on the table.
Learn More About Your Property Rights in Texas
Learning that an entity intends to seize your property is overwhelming. However, you do not have to go through this challenging process alone. Reach out to an experienced condemnation lawyer to discuss your situation, understand your rights, and develop a strategy for maximizing your award. Your attorney will answer your questions, address your concerns, and maximize your award. Let us show you how to turn lemons into lemonade!
If you need help with an eminent domain or condemnation matter, the dedicated legal team at Sewell Sewell Beard, LLC, is here to help. Call our Alabama office at (205) 544-2350 or our Texas office at (972) 777-5390 to get started.
