Unpacking Remainder Damages: Understanding Your Rights After a Texas Road Taking

When a condemning authority takes only a portion of your property for a public project like a road expansion, you are entitled to compensation not only for the land and rights they acquire but also for any damages caused to the property you keep. These are known as “remainder damages” (or “severance damages”).

Texas law mandates that “adequate compensation” must account for the decrease in the market value of your remaining property that results from the taking and the presence or use of the public improvement. Accurately calculating these damages is often the most complex, and contested, aspect of an eminent domain case.

Why Remainder Damages Are Often Overlooked (Or Undervalued)

Condemning authorities are required to consider remainder damages, but their appraisals and initial offers frequently underestimate or entirely ignore them. This can happen for several reasons:

  • Complexity of Valuation: Calculating damages from factors like a change in access or other unique issues associated with roadway construction projects requires specialized appraisal and engineering expertise.
  • Focus on the “Taken” Parcel: The focus often remains on the value of the land directly acquired, rather than the ripple effect on the remainder.
  • Negotiating Tactic: Presenting a lower overall compensation package by downplaying remainder damages is a common strategy to save costs.

This is precisely why having independent experts and legal counsel is vital to ensure you’re seeking the full compensation legally owed.

Common Types of Remainder Damages in Texas Road Takings

Roadway projects, whether widening highways, building new interchanges, or creating bypasses, can impact remaining property in various ways. The taking and the resulting project might alter the zoning requirements, development potential, or the property’s “highest and best use” (the most profitable legal use). Road construction can alter natural drainage patterns, potentially causing increased water runoff, flooding, or impacting water sources on your remaining land. Analyzing all of these potential issues and more is important to ensure you receive the compensation you are entitled to in a condemnation case.

Proving Your Claim for Remainder Damages

Successfully recovering compensation for remainder damages requires presenting persuasive evidence. This typically involves:

  • Expert Appraisals: Hiring qualified appraisers who specialize in eminent domain valuation and can adeptly assess the “before” and “after” values of your property, specifically quantifying damages to the remainder.
  • Engineering and Land Planning Experts: For issues like zoning requirements, driveway changes, grade changes, access, drainage, or development impacts, experts can provide crucial testimony.

It’s critical to have a team that understands how to identify, document, and present these complex damages to the condemning authority, Special Commissioners, or a jury.

How Dawson & Sodd Secures Full Compensation for Remainder Damages

Our attorneys have extensive experience in identifying, quantifying, and fighting for compensation for all types of remainder damages that Texas landowners face due to road takings. We help by:

  • Conducting a thorough analysis of your property and the proposed taking.
  • Evaluating the condemnor’s appraisal and identifying its shortcomings.
  • Engaging skilled independent appraisers and other necessary experts to build a strong case for full value.
  • Skillfully negotiating with TxDOT and other condemning authorities, leveraging our understanding of Texas eminent domain law and valuation principles.
  • Vigorously representing you in hearings and court to secure the just compensation you deserve for both the property taken and the damages to your remainder.

Ensure You Receive Full Compensation for All Impacts

Don’t let remainder damages diminish the value of your property unfairly. Understanding your rights and the potential for compensation for all impacts is crucial. If your property is affected by a road or highway project in Texas, contact Dawson & Sodd for a free consultation.

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Call us at (903) 872-8181 or use our online contact form.