Land ownership is an achievement to be celebrated. Texas property owners enjoy strong and robust legal protections, allowing them to use their land as they see fit. However, there is one significant exception to these rights—the government’s eminent domain power. Federal and state constitutions recognize a government entity’s right to seize private property in order to complete projects that benefit the public in some way. In other words, highway expansion projects, constructing a new public library, or other proposed endeavors intended for the public good may justifiably take private land in order to achieve these goals. However, the government entity wishing to invoke its eminent domain power must provide the private landowner with fair compensation in exchange for the taking of their property. While the term eminent domain refers to the constitutionally recognized power of a government entity to seize private land for public use, the term condemnation refers to the legal process that occurs when the entity exercises its eminent domain power. Unfortunately, many private landowners caught up in the condemnation process are not aware of their legal rights and options in the face of this daunting event, which can lead them to accept lowball compensation offers that fall far short of the compensation they are actually entitled to receive.
It’s essential to recognize that Texas property owners have several legal rights and options when facing eminent domain or condemnation actions. The sooner you enlist the guidance of a knowledgeable and experienced Texas condemnation attorney, the more time you will have to negotiate a better outcome. Let’s take a look at the legal rights of Texas landowners in the face of condemnation actions and how working with a highly qualified and trusted eminent domain lawyer can maximize your monetary award and avoid leaving money on the table.
How Does Eminent Domain Compensation Work in Texas?
According to the State of Texas Landowner’s Bill of Rights, “The condemning authority 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.” This means that the entity wishing to seize your property for a proposed project (i.e., adding a new on-ramp to an existing freeway in order to improve traffic flow in the area) must notify you of its intention in writing and provide you with a written copy of the Texas Landowner’s Bill of Rights. Additionally, the condemning authority must make an offer of compensation that is deemed “adequate”—and can be justified as such. However, the term “adequate” is frustratingly vague, which often leads to lowball offers that are calculated by limiting or ignoring the correct methodology Texas law requires be used in a condemnation proceeding. Many condemning authorities use appraisers with whom they have a longstanding and friendly relationship, which means that the appraiser is assessing the property with the condemning authority’s best interests in mind. Therefore, it’s best to approach the initial compensation offer from a skeptical perspective and recognize that you and your Texas condemnation lawyer have the right to hire a different appraiser to determine the value of your property. You can then use this appraisal to negotiate more money from the condemning authority.
Eminent Domain Just Compensation Negotiations in Texas
Another legal right afforded to private landowners under the Texas Landowner’s Bill of Rights reads, “You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving condemnation.” This means that you, as a private property owner, have the opportunity to push back and negotiate the terms of the condemnation action—you are not obligated to simply accept the initial offer from the government entity without question. Instead, you and your knowledgeable Texas condemnation attorney can involve the expertise of an independent appraiser who can consider the property’s market value, the highest and best use of the property, any remainder damages, relocation costs, and any other expenses to determine a fair amount of compensation to demand from the entity condemning your property. Even if the condemning authority refuses to work with you to arrive at an adequate and reasonable settlement, you can decide to take the matter before a court-appointed panel of special commissioners for review. And from there, you can demand a jury trial. Condemning authorities are terrified to be in front of a jury because they can’t win. They can only try to do damage control but that often blows up in their face.
Navigating Government Eminent Domain Issues at a Hearing
If you and your eminent domain lawyer decide to request a hearing before the panel of three special commissioners, it’s important to understand what to expect during this formal legal process. When you request a hearing, “the special commissioners must determine the amount of compensation the condemning entity owes for condemning your property. The commissioners must also determine what compensation, if any, you are entitled to receive for any reduction in value of your remaining property.” In other words, you have the right to take your concerns before the panel and make your case for a fair and favorable settlement in exchange for the taking of your private property. Moreover, property owners who do not agree with the compensation awarded by the special commissioners can appeal the decision to a trial by a judge or jury. Ultimately, it’s helpful to recognize that property owners have several options to explore before any decisions are finalized. With a trusted and experienced condemnation lawyer by your side, you can make more informed decisions with greater certainty and confidence.
Protect Your Future by Contacting a Trusted Eminent Domain Attorney Today
If you have learned about a proposed construction project in your community, it’s a good idea to go over your options with a knowledgeable eminent domain and condemnation lawyer well in advance of receiving an offer letter so you are prepared to make critical decisions when the time comes. You cannot start your engines too soon when it comes to having your land taken. Many people find it super helpful to speak with a condemnation attorney before they learn that their property will be affected by a proposed construction project. That way the owners know what to expect and how to keep the upper hand in the process. No matter what your specific needs or concerns may be, consider reaching out to a dedicated Texas eminent domain attorney to learn more about your legal rights and options.
As soon as you hear of potential eminent domain or condemnation projects in your area, reach out to the dedicated legal team at Sewell Sewell Beard LLC to discuss your legal rights and options. We’ve been doing this for 40 years! Call our Jasper, Alabama office at (205) 544-2350 or our Prosper, Texas office at (972) 777-5390 to get started with a knowledgeable and experienced condemnation attorney.
