Austin Eminent Domain

The right to own and use property is a fundamental part of life in Texas, but it comes with some important limits. The government’s eminent domain power allows it to take land from private property owners in some situations in which it is necessary for a public purpose.

Eminent domain is a legal concept recognized across the U.S. and around the world. It is increasingly used by federal, state, and local governments in Texas, where rich natural resources and a growing population are spurring demands for public infrastructure and services.

The good news for landowners in Austin and throughout Texas is that you have some important legal rights and protections when it comes to eminent domain. The government has to compensate you for the land. It also has to go through a formal process for taking the property if it does not reach an agreement with you.

At Barron, Adler, Clough & Oddo, PLLC, we have been advising people and entities in Austin and statewide in eminent domain cases for more than 40 years. Our attorneys help property owners navigate these types of matters and have a combined experience of more than a century. An Austin eminent domain lawyer at our firm can ensure that your rights are protected, negotiate a settlement that maximizes your compensation, and fight eminent domain proceedings in court if needed.

How Eminent Domain Works in Texas

Eminent domain is a legal term that refers to the power of government entities to take private property for public use. In Texas, authorities typically take property to build public roads or facilities like schools, parks, and libraries. Eminent domain is also commonly invoked as a tool for utilities like water and electricity.

Condemnation is the process through which the government takes the property. To be clear, a property need not be in poor condition to be condemned. The government simply needs to show that it needs the land for a public purpose.

If a government entity decides to take your property, it will likely notify you by mail. The entity typically will request to survey the land and then make you an offer for it. If you are not able to reach an agreement on the price, the government can initiate condemnation proceedings through court.

A panel of three court-appointed special commissioners will review the matter in an administrative hearing. The panel ultimately will determine the amount of compensation that the government must pay for the property. That is usually the fair market value of the property, plus any damages caused to your remaining property. You and the government have the right to appeal this determination. When an appeal is filed, it is treated as a civil case in local court.

It is important to not accept the government’s first offer because it may be far less than what your property is actually worth and may not include the additional damages to the remaining property.

An Austin eminent domain lawyer at our firm can help you evaluate the offer, prove the full value of the property, and ensure that you get the maximum compensation. Our lawyers have had significant success negotiating deals with government entities and using the special commissioner hearing process to resolve disputes.

Eminent Domain Laws in Texas

The U.S. Constitution and the Texas Landowner’s Bill of Rights are the two primary eminent domain laws covering government agencies and property owners in the state.

In the Constitution, the eminent domain power stems from the Fifth Amendment. This amendment generally protects individuals from government abuse of power. It gives people a wide range of rights with respect to criminal prosecution. It also addresses government seizure of private property in what is known as the “takings clause.”

Texas law also recognizes the right of state and local government entities to condemn property for public purposes and in exchange for just compensation.

The Texas Landowner’s Bill of Rights specifically spells out additional requirements with respect to eminent domain.

When Can the Government Take Private Land?

For many Texans, the idea that the government can simply swoop in at any time and decide it wants to take your property is surprising, at the very least. Still, the government’s power in this realm is fairly broad.

A government entity can take private land in a wide range of situations where the property is needed for public use.

So, what is a valid public use? The answer has been complicated by state and federal courts, but governments generally get broad leeway.

The following types of projects are generally considered to justify government takings via eminent domain in Texas:

• Transportation projects: Highways, bridges, airports, and railroads
• Utility projects: Oil and gas pipelines; sewer, water, and electric lines
• Public projects: Schools, hospitals, parks, and government offices

Texas law creates some important limits on public use, however. If the government’s taking of property confers a benefit on a particular private party (often a business) through the use of the property, the use is not considered public. The government cannot justify taking private property for transfer to another private party if the primary purpose is economic development or enhancement of tax revenues. A taking is permitted, however, if economic development or tax revenues is a secondary purpose.

The amount of property the government takes for these projects depends on the situation. The government may condemn an entire parcel of land and its improvements or seek a more limited easement.

What Is a Fair Price for My Land?

In many eminent domain cases, landowners will ultimately be unable to stop the government from taking the property. They can, however, force the government to adequately compensate them fairly.

Compensation is based largely on the property’s fair market value. That, generally, means the price that it could fetch on the open market if the owner were not being forced to sell. The value is determined at the point of the government’s taking. This timing can be crucial because of the swings in property values that can occur over time.

In addition, the value is based on the “highest and best” use of the property. That may not necessarily be based on how the owner is using the property. Take, for example, farmland that is surrounded by housing developments and commercial businesses. If a government entity is able to use eminent domain to take the property, the fair value may be based on possible residential or commercial uses rather than agricultural use.

An appraiser will consider all uses for which the property is “reasonably adaptable” and for which it is or “is in all reasonable probability will become within the foreseeable future.” That does not include uses that are purely speculative.

Although the government is required to compensate you fairly, you may not agree with its determination of fair market value. That is one reason why it is crucial to seek the counsel of an experienced eminent domain attorney.

How an Austin Eminent Domain Lawyer Can Help You

Getting a notice in the mail that the government or a related entity plans to take your private property can be an alarming and stressful experience.

The best way to ensure that your rights are protected is to seek the help of an experienced eminent domain lawyer as soon as possible. A seasoned attorney will work to force the government to prove that the taking is permitted under the law and to maximize the compensation for your property.

Eminent domain is a unique and complicated area of the law that comes with its own requirements and procedures when the government attempts to take private land. It is vital to have someone in your corner who has experience representing property owners in these cases.

At Barron, Adler, Clough & Oddo, PLLC, our Austin eminent domain lawyers have successfully handled these cases for a wide range of landowners covering a broad spectrum of property types. We have advised clients on issues related to major road development projects in Austin and across Texas. Our attorneys also have assisted individuals and businesses in special use takings stemming from municipal airports such as the Austin South Terminal, the Texas Rangers stadium, the Sun Bowl stadium, the LBJ Hospital, and a dredge disposal site operated by the Port of Houston Authority.

We are passionate about helping people and businesses in Austin and throughout Texas protect their property rights. We understand how important private property is and we have dedicated our careers to ensuring that our clients are treated fairly in government takings cases.

An Austin eminent domain lawyer at Barron, Adler, Clough & Oddo, PLLC will help you ensure that your rights are fully protected, negotiate a settlement that maximizes your compensation, and fight eminent domain proceedings in court if needed.

If you are involved in an eminent domain, condemnation, or inverse condemnation case in Texas, let the lawyers at Barron, Adler, Clough & Oddo, PLLC put their experience to work for you. Contact us today to discuss your case and how we can help.