Dallas Eminent Domain

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. Yes, even if you do not want to sell your property, there are some circumstances in which the government can force you to give it up in exchange for compensation.

The population explosion in Dallas and across Texas has made eminent domain an increasingly popular tool for government entities and a rising threat to private landowners. It is crucial that anyone facing an eminent domain action in Texas seek the help of an experienced lawyer.

The government is supposed to limit its use of eminent domain to situations in which taking private land is necessary for a legitimate public use. It is also required to fairly compensate owners for the property. However, government entities often stretch their authority under the guise of “public use” and try to cut costs by offering landowners pennies on the dollar.

At Barron, Adler, Clough & Oddo, PLLC, our Dallas eminent domain lawyers have dedicated their careers to assisting individual and business landowners faced with eminent domain actions by the government. We combine more than 100 years of experience in these cases and a track record of successful results for our clients.

Eminent Domain: How it Works in Texas

Eminent domain is the legal power of government authorities to take private property from individual landowners for public use. It is commonly used by government entities in Dallas and across Texas to build roads, streets, and sidewalks or construct schools, libraries, parks, and other facilities. It also often comes into play for utilities such as water, sewage, electrical, and gas lines.
Condemnation is the process through which the government takes the property. The land or any improvements on it need not be in poor condition to be condemned. Instead, the government must only show that it needs the property for a public purpose.

The process typically starts with the government notifying you by mail that it intends to take the property. This is the ideal time to seek the advice of a Dallas eminent domain lawyer who can ensure that you are treated fairly and that the government does not take advantage of you.

The government typically will request to survey the land and then make you an offer to purchase it. If you are not able to reach an agreement on the price, the government can initiate formal condemnation proceedings, during which a panel of special commissioners will determine how much you should be paid.

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.

The eminent domain power in the Constitution comes from the Fifth Amendment, which generally protects individuals from government abuse of power. The “Takings Clause” acknowledges the government’s right to seize private property, as well as the right of property owners to be adequately compensated for it.

Texas law also recognizes the right of state and local government entities to condemn property for a public purpose and in exchange for just compensation. The Texas Landowner’s Bill of Rights specifically spells out additional requirements with respect to eminent domain.

The Condemnation Process

In Texas, a government entity is first required to notify the owner that it intends to take the property and make a good-faith effort to negotiate an agreement to buy it. That means doing a thorough review and appraisal to determine the property’s fair market value and making an offer that reflects that value.

If the government and the property owner cannot reach an agreement, the government can go through the formal condemnation process to take the property. The condemnation case is a property owner’s opportunity to get just compensation for the taking. You do not need to do it alone. A Dallas eminent domain lawyer at our firm will fight to maximize your compensation.

Three special commissioners are appointed by local courts to hear these cases. The commissioners are independent landowners who live in the county in which the property that the government is seeking to obtain is located. They are authorized to determine the amount of compensation that the government must pay to the property owner.

The commissioners hold an administrative hearing in which the government and the property owner each have a chance to present evidence and make arguments. The commissioners later issue a determination, taking into account the market value of the condemned property, as well as any reduction in the property’s value caused by the condemnation and the government’s plans for the property.

Many cases are resolved through the hearing process. If either side does not agree with the commissioners’ determination, however, they have the right to appeal it through a traditional court proceeding.

Condemnation Actions

Texas law recognizes two types of condemnation actions: statutory and inverse.

Statutory condemnations are the most common in Dallas and across Texas. In these situations, the government takes private property for a public use and is required to compensate the owner for the value of the property.

Inverse condemnations are less frequently seen. These actions are filed by property owners against the government, arguing that the government has effectively taken private property without going through the formal process or justly compensating the owner.

Eminent Domain Disputes: Public Purpose and Just Compensation

Disputes over eminent domain typically boil down to one of two categories: public purpose and just compensation.

Courts generally have given government entities wide latitude to determine that private property is needed for a public use. Some common examples include:

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

Still, there are some important limits on public use. 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. A Dallas eminent domain lawyer at Barron, Adler, Clough & Oddo, PLLC can help you evaluate whether you have a viable defense based on the public use cited by the government.

Landowners usually have more leverage when it comes to disputing the amount of their compensation in eminent domain cases.

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 taking by the government. It 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.

It is recommended to not accept the government’s first offer. A lawyer at Barron, Adler, Clough & Oddo, PLLC can help you negotiate a better deal that truly reflects the property’s value.

Easements

Easements are another important legal concept when it comes to property rights.

An easement generally gives a person or entity access to private property. Texas law recognizes easements as a way to protect landowner’s rights and compensate them for use granted to others.

In Dallas, easements are commonly used for streets and sidewalks. Utility companies are often granted easements in order to install and maintain water and sewer, gas or electric lines.

An easement holder has the right to access the property covered by the easement, but only for specific purposes. The easement does not give ownership or full use of the land to the holder.

An easement can be public or private. Public easements grant the rights of land usage to the general public, like in the example of streets and sidewalks. Private easements, on the other hand, give the rights to a specific party or parties.

How a Dallas Eminent Domain Lawyer Can Help You

You are not required by law to hire an attorney if you have been hit with an eminent domain action, but there are several reasons why you should seek the assistance of an experienced eminent domain lawyer.

First and foremost: The government wants to spend as little money as possible to obtain your property. Government agencies use their inherent authority and the threat of lawsuits to try to force landowners to give up their private property for pennies on the dollar.

A Texas eminent domain lawyer at our firm will fight to ensure that you are treated fairly. That means determining whether the government truly has a legitimate public use in mind for the property and ensuring that you are justly compensated for the fair value of the property.

Our lawyers have significant experience negotiating with the government to maximize landowners’ compensation, often without long and drawn-out legal battles. We are also experienced litigators with a strong track record of defending and protecting our clients’ property rights.

If you are involved in an eminent domain, condemnation, inverse condemnation, or easement 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.