Condemnation and Eminent Domain
Eminent domain is the power of the state or federal government to force property owners to sell their private property for public use. Private companies may also use the power of eminent domain granted to them by the government to take private property. The process by which private property is taken is known as “condemnation."
Texas's continued economic growth requires the expansion and improvement of infrastructure, facilities, and buildings. As the population in Texas grows, the need increases. In some cases, privately owned land is used to meet these needs.
The United States and Texas Constitutions provide that property owners must receive just compensation when private property is taken for public use. However, most seeking to take property through condemnation generally assign low values to properties they wish to take and completely ignore or attempt to diminish any damages to the remaining property. Further, complex procedural requirements and law often make it difficult for property owners to obtain what they are constitutionally owed on their own.
When Can the Government Take Private Land for Public Use?
Under Texas law (Property Code Chapter 21), private land can be taken in a variety of situations. However, the land must be taken for a valid public use, and the taker must pay the owner just compensation for the property taken and all damages to the remaining property.
Public uses for which private property has been taken include the construction or expansion of:
- Highways, toll roads, and streets
- Government/public buildings, such as courts, government offices, libraries, and fire stations
- Schools and public parks
- Airports or transportation facilities, such as bus stations, light rail, railroads, and ports
- Water, oil, or gas pipelines
- Military bases
- Sewer, water, or storm drainage systems
- Dams or submerged lands
- Power stations, such as coal, natural gas, or nuclear
If you believe that your land is being taken for a purpose that does not meet the public use requirement for eminent domain and condemnation actions in Texas, contact us. We are happy to help you understand your legal rights and options.
How Does Eminent Domain Work in Texas?
In most cases, property owners receive a letter from the taker or a contractor acting under the authority of the taker to request to survey and make an offer to purchase some or all of the private property. The letter typically explains the desire to purchase easement or fee title rights to the property for a specific project.
If the owner does not accept the offer, the owner may attempt to negotiate with the taker for additional compensation, or the owner may reject the offer. If an agreement is not reached or the property owner rejects the offer, then the taker may then file a condemnation lawsuit against the owner.
The court appoints three landowners who reside in the county in which the property is located to serve as Special Commissioners. The Special Commissioners can consider evidence presented by both parties related to the value of the private property, its uses, and damages that will occur due to the taking. The Special Commissioners issue an “award” based on the information they review. The award is the amount of compensation the commissioners believe to the property owner is owed by the taker.
If the taker or the property owner disagrees with the “award” made by the Special Commissioners, either party may object to the decision. An objection by either party sends the case to the trial court, where the case proceeds as a regular civil lawsuit would. Ultimately, the parties either reach a settlement or a trial is held to determine the amount of compensation owed to the property owner.
What is Inverse Condemnation?
Usually, in eminent domain and condemnation cases, the government is the plaintiff. But in the case of the inverse condemnation, the property owner initiates the lawsuit, reversing the typical order of the parties. Inverse condemnation occurs when the government takes private property without going through the proper process or paying the required compensation. Therefore, the landowner has the right to sue to obtain just condemnation.
Why Choose Terry M. Norman, P.C.?
We have experience fighting for the rights of property owners, and we never represent the parties that take your private property. Our law firm only represents property owners in eminent domain and condemnation cases. Therefore, we are never conflicted. We believe the legal rights of property owners deserve to be protected, and we are dedicated to doing so. While the government and certain companies may have the right to take private property for public use, it is not an automatic right. Property owners have the constitutional right to challenge condemnation and eminent domain cases. We are not afraid of going to court to defend private property and a landowner's constitutional rights to compensation.
It can be alarming and stressful when the government, a private, for-profit pipeline company, or power line company attempts to take your private property. It is best to contact an experienced Texas eminent domain and condemnation lawyer as soon as you receive notice that a taking of your private property may occur. Eminent domain and condemnation cases involve strict deadlines and requirements for determining the true market value of your property. If you do not meet the deadlines or you do not follow the correct procedures, your property could be taken without payment of the compensation you are entitled to. We can explain your legal rights and what to expect before, during, and after the taking. Throughout the entire process, we will fight to protect your property rights and interests. The sooner you hire a lawyer, the sooner he or she can begin taking steps to ensure that your legal rights are protected.
We can help you challenge those that seek to take your property, fight for full and just compensation, and negotiate an easement that is favorable to you. If you believe that an offer of compensation made to you is low or unfair, please feel free to contact Terry M. Norman, P.C. to discuss your options, free of charge.