"Eminent Domain" refers to the inherent right of the government to take private property for a public use. "Condemnation" is the legal process used for such a taking. While the government has this vast power, the Fifth Amendment of the U.S. Constitution and Article I, Section 17, of the Texas Constitution guarantee that a property owner will receive just compensation for the taking. If the government and property owner cannot agree on that compensation then, ultimately, they are entitled to have the judicial system determine it based on the law.
Under eminent domain law, the government only has the right to take the property for a legitimate public use. This means property can be taken to build a public road, to create a municipal park, to construct a school or public library, or to provide utilities. However, the power of condemnation is not limited to the government. Private entities also sometimes have the power of eminent domain if allowed by the law and if used for a project that has been deemed to be effectively a public use. For instance, private companies can force the sale of private property for oil and gas pipelines in some situations if used to further a common carrier function.
In blighted or deteriorated areas that present a threat to public safety, the government also has the right to take some property through eminent domain. But this right is limited.
How Does Eminent Domain Work?
The government’s taking of private property is referred to as condemnation. Condemnation does not mean that there is anything wrong with your property or that is being condemned as unsafe or labeled as a tear-down. Condemnation simply means that the government is exercising its right of eminent domain.
When the government determines that it will use eminent domain to take your property, it must appraise the property to determine fair compensation.
When the government makes an offer, you have the choice to accept or decline the offer. Declining the offer does not mean that you are entitled to keep your property; the government can still force the taking. However, our Texas eminent domain lawyers can help you present your opinions of what constitutes just and adequate compensation and that the government’s offer is below fair market value.
When Can You Fight Eminent Domain?
Stopping the condemnation altogether can be a challenge and is not always possible. In some instances, however, you can prevent the government from taking your property by proving that the government is not taking it for a legitimate public use. A Texas eminent domain attorney is essential to successfully stopping the condemnation since it can be difficult to prove that the government is acting improperly. Sometimes condemnations are stopped when the taking authority realizes the actual cost to acquire that will be involved.
Contact the Eminent Domain Attorneys at Barron, Adler, Clough & Oddo, LLP
If you are facing a regulatory taking, condemnation or other eminent domain action in Texas, contact the Texas eminent domain lawyers at Barron, Adler, Clough & Oddo, LLP, to learn how we can help. Our condemnation attorneys have represented more clients throughout Texas on more projects than any other firm – from Bexar to Collin County, Harris to Tarrant County – and our attorneys are focused exclusively on the field of eminent domain.
News & Resources
Texas Supreme Court grants rehearing for high-speed rail eminent domain case
October 28, 2021
After initially declining to hear a case challenging the construction of a high-speed rail line between Houston and Dallas, the Texas Supreme Court granted a motion for a rehearing Oct. 15 allowing the case to move forward.
Landowners Concerned about Property Being Acquired by Eminent Domain for Texas Water Supply Pipeline
September 30, 2021
Property owners in the San Antonio area are concerned as Texas Water Supply pursues construction of a pipeline by Texas Water Supply through an agreement with South Comal Water Supply Corporation.
With more than 100 years of combined experience, Barron, Adler, Clough & Oddo, LLP has successfully handled thousands of cases representing landowners across the State of Texas, from Austin to Dallas, El Paso to San Antonio and beyond.
Put our experience to work for you.
808 Nueces Street
Austin, TX 78701