El Paso Eminent Domain

Many Texans do not fully understand that the government has a fairly broad right to take private property when needed for public use. This power, called “eminent domain,” gives federal, state, and local authorities the ability to take private land even if the owner has no interest in selling it.

Fortunately, landowners in El Paso and across Texas have some important rights when it comes to government taking of property. An El Paso eminent domain attorney at Barron, Adler, Clough & Oddo, PLLC can help you protect those rights and maximize your compensation.

The entity taking the property is required to compensate you for the fair market value of the property and any damage caused by the taking of any remaining property that you own. It is also obligated to go through a formal process in which an independent panel or court determines the compensation amount if the government cannot reach an agreement with you.

How Eminent Domain Works in El Paso

The government’s eminent domain power is enshrined in the U.S. Constitution and Texas law. It has been broadly interpreted to give government entities wide latitude to take property for public use, as long as the government fairly compensates the property’s owner.

In Texas, authorities commonly take private property for the following uses:

• 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

Condemnation is the process through which the government takes the property. The government does not have to show that the property is in poor or unsafe condition to start condemnation proceedings. Rather, it merely has to establish that it needs the land for a public purpose.

The government will typically notify you by mail that it wants to take your property. This can be a surprising, stressful, and overwhelming experience for landowners. It is a good time to seek the assistance of an experienced eminent domain lawyer. An El Paso eminent domain attorney at Barron, Adler, Clough & Oddo, PLLC will help you understand the situation and immediately start taking steps to protect your rights.

In most cases, the government will next seek to survey the land to help determine its value. Then, it will make an offer to purchase it from you. Unfortunately, government entities often start out with lowball offers, hoping to pressure already surprised landowners to sell their property for pennies on the dollar. It is critical that you do not accept the government’s first offer, as it may be significantly less than what your property is actually worth. The offer also may not include the additional damages to the remaining property.

If the government is unable to reach an agreement with you, it can request a hearing before a panel of special commissioners. The panel will review the matter, consider evidence and arguments from each side and issue a determination regarding the amount of compensation that the government must pay for the property.

If either party disagrees with the commissioners’ determination, it can file an appeal. The appeal proceeds through local court, like other civil cases.

Inverse Condemnation

Generally, there are two types of condemnation actions in Texas: statutory and inverse.

Statutory condemnations are far more common in El Paso and statewide. A government entity takes private property for public use in these situations and is required to compensate the owner for the value of the property.

Inverse condemnations are much less frequent. In these actions, private property owners argue that the government has effectively taken their property without going through the formal condemnation process or paying adequate compensation to the owners.

Inverse condemnations can be difficult to prove. If you believe that the government has already taken your property and violated your rights, an El Paso eminent domain attorney at our firm can help you decide if you have a case.

Easements

Easements are a separate legal tool that can also impact property owners’ 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.

Easements are commonly used in El Paso for streets and sidewalks. Utility companies are typically 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.

Common Texas Eminent Domain Questions

What is the difference between eminent domain and condemnation?

Eminent domain is a legal power, while condemnation is a legal process.

Eminent domain is the legal right of governments to take property from private owners. Condemnation is the legal procedure used to take private property from a landowner.

Can the government really take my private property?

Yes. Government entities in Texas and across the company have broad authority to take property for a wide range of public uses. That is, so long as the government provides just compensation to the property’s owner.

Who can take private property through eminent domain in Texas?

Federal, state, county, municipal, water districts and school districts have the right to use eminent domain to condemn property. Public utility companies have also been allowed to use eminent domain to procure private property to install power lines, pipelines, transformers and take other actions.

More recently, Texas has granted eminent domain power to private parties for some commercial projects. That authority has largely been limited to water, electric, gas and related businesses.

Can I stop the government from taking my property?

There are some limited defenses that landowners can use to try to prevent a taking.

A property owner can argue that the entity seeking to condemn the land does not have eminent domain authority or that the taking is not necessary for a legitimate public use. An owner can also argue that the government’s decision about what property to take for a project was arbitrary and capricious. Or simply that the government did not go through the required legal process for taking the property.

That said, it is often difficult to use these defenses to completely stop a taking from happening. They can be helpful, however, in forcing the government to fully compensate you for taking your property.

Does the government have to negotiate with me?

Yes. A government agency seeking to take your property via eminent domain is required under Texas law to make a good-faith effort to negotiate a deal to purchase the property from you.

The agency must do a thorough review to determine the fair market value of the property and make an offer that reflects that value. It also must give you an appraisal from a certified appraiser, detailing the basis of the offer.

Do I have to accept the government’s offer?

No. In fact, it is in your best interests to reject the initial offer in many situations.

If you reject the offer, the government may file a lawsuit to condemn the property. You have the right to argue in response that the offer is too low or otherwise does not reflect the property’s fair market value. You also have the right to have an experienced eminent domain lawyer in your corner.

Do I need to hire a lawyer?

You are not required under the law to hire an attorney, but there are several reasons why it is important to have legal representation in eminent domain cases.

It is important to understand that the government wants to spend as little money as possible to take your property. It wants to keep down the costs of the public project as much as possible. Government agencies use their inherent authority and the threat of lawsuits to try to force landowners to give up their private property quickly.

How Our El Paso Eminent Domain Attorneys Can Help

At Barron, Adler, Clough & Oddo, PLLC, we have successfully handled eminent domain cases for a wide range of landowners, including individuals, families, and businesses. Our El Paso eminent domain attorneys have advised clients on issues impacting a full spectrum of property types.

We have represented clients on property matters related to major road development projects in El Paso and throughout 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 protect their property rights. Our attorneys understand how important private property is and we have dedicated our careers to ensuring that our clients are treated fairly in government takings cases.

If you are involved in an eminent domain, condemnation, or inverse condemnation case in Texas, let the El Paso eminent domain attorneys 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.