Residential Property

Eminent domain law gives state and local governments in Texas broad power to take property for public use. That includes taking your home and land, even if you and your family have been living there for decades.

You are not powerless. Anyone facing an eminent domain action in Texas has the right to just compensation for their property. There is also a legal process – called condemnation – that the government must go through to take the land if it cannot reach an agreement with you on that compensation.

The Texas eminent domain lawyers at Barron, Adler, Clough & Oddo, PLLC can help you protect those rights and maximize your compensation. Our attorneys focus specifically on these cases. We have more than 100 years of combined experience successfully handling eminent domain matters for a wide range of landowners, including individuals, families, and businesses.

Eminent Domain in Texas

Eminent domain is a legal doctrine that allows government entities, and in some cases private companies, to take private property for public use. That is, so long as the property owner is paid just compensation.

In Texas, this process is governed by both federal and state law. It includes specific rules and safeguards aimed at protecting property owners, especially those facing the prospect of losing their homes.

The power of eminent domain can be exercised by:

• State and local government agencies
• School districts
• Utility companies
• Transit authorities
• Certain private entities that serve a public purpose (e.g., pipeline companies or railroads)

To legally acquire residential property, the condemning authority must demonstrate that the taking is for a public use. Some of the most common public uses include:

• Roads and highways
• Schools and parks
• Utility infrastructure
• Railways and airports
• Flood control and drainage projects

The legal term for the process of taking property through eminent domain is condemnation. That does not mean that there is anything wrong with your property or that is being condemned as unsafe or labeled as a tear-down. It simply means that the government is exercising its right of eminent domain.

The Condemnation Process

When a government entity wants to take residential property in Texas, it is first required to notify the owner that it intends to take the property. The entity also must describe the public use for which it wants the property and make a good-faith offer to buy it, based on a written appraisal of the property’s fair market value.

The formal condemnation process comes into play when the government and the property owner cannot reach an agreement. For residential property owners, this is your best chance to get top value for your home. That is why it is crucial to have an experienced eminent domain lawyer in your corner.

Once a condemnation case is filed, the judge will appoint a panel of three special commissioners—local property owners who are not related to the case—to determine the amount of compensation that the government must pay for the property. The commissioners conduct a hearing where both sides can present evidence, including appraisals and expert testimony. The commissioners then determine the amount of just compensation, which is the fair market value of the property as of the date of taking.

Many cases are resolved following the special commissioners’ hearing and the commissioners’ determination. However, either side can appeal the determination if they do not agree with it. When an appeal is filed, it is treated as a typical civil case in local court. A landowner has a right to a trial by jury on the amount of compensation owed for the taking.

What is Just Compensation?

Just compensation generally means the property’s fair market value at the time of taking. If the taking is only a partial taking, just compensation also includes any impact to the value of the remaining property plus any hard costs that are incurred to restore the property to its pre-taking condition.

For residential properties, this includes the fair market value of the home and land. The value generally is the price that the property could get on the open market if the owner were not being forced to sell. It is calculated at the point of the government’s taking. The fair market value is based on the “highest and best” use of the property, not necessarily how the owner is actually using the land.

Appraisers hired by governmental entities sometimes miss comparable sales that are appropriate to consider in valuing a property or miss important impacts the taking has on the remainder property. An eminent domain lawyer at our firm will fight to ensure that you are fully and fairly compensated.

Residential Property Owners’ Rights

The Texas Landowner’s Bill of Rights gives residential and other property owners some important protections. It outlines the legal rights of property owners when a governmental or authorized private entity seeks to take their property through eminent domain. The Landowner’s Bill of Rights was created to ensure transparency and protect property owners during the condemnation process.

• Right to fair compensation: You are entitled to receive just compensation if your property is taken for a public use.
• Right to a bona fide offer: The condemning authority must make a bona fide offer to purchase your property before starting formal condemnation. That must include a written appraisal, an initial offer based on it, and at least 30 days for you to consider the offer.
• Right to negotiate freely: You are not obligated to accept the initial offer. You should not feel pressured or coerced into agreeing to the terms presented.
• Right to appraisal reports: The government must give you all property appraisal reports used to determine compensation.
• Right to independent appraisal: You have the right to hire your own licensed appraiser to assess the value of your property independently. You are not required to accept the condemning authority’s valuation.
• Right to repurchase property: You can buy back the property if the condemning entity does not use the land for its intended purpose within 10 years of acquisition.

Speak with an Eminent Domain Lawyer

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