Receiving notice that your property may be taken by condemnation can be devastating. Whether a ranch that’s been in your family for generations or your first home purchased just a year ago, the Texas condemnation attorneys at Dawson & Sodd know that facing such property loss carries a heavy burden of anxiety and interrupted dreams. Understanding how condemnation works and your rights as a Texas landowner can help you take informed steps to protect your interests and ensure fair treatment.
What Is Condemnation?
Condemnation is the legal process used to acquire private property for public use under the government’s eminent domain authority. It allows the government or an authorized entity to take private property, provided it meets two key requirements: the property is taken for a public use, and the property owner receives just compensation.
This process is governed by eminent domain laws in Texas and impacts landowners across the state.
How Does the Condemnation Process Work?
Once the project is planned, the Condemnor hires engineers and surveyors to determine which land rights are needed. After the exact location of the project is decided, the Condemnor has to make a formal declaration that, due to public necessity, certain residential property rights and commercial property rights must be acquired from property owners in order to complete the project.
The Condemnor should notify all property owners whose land will be taken for the project. From here, the condemnation process generally unfolds in three key steps:
Step 1: The initial offer and negotiation.
The private property that is intended to be seized must be appraised, and an offer to purchase the property must be made to the landowner. A “Landowner Bill of Rights” statement must also be provided to the landowner so they are aware of their rights and options. As a landowner, you are entitled to a copy of all appraisals the condemning authority has obtained concerning your property.
Step 2: A special commissioners hearing.
If the landowner accepts what is offered for their property, the deal is sealed and the government may proceed. If not, and negotiations have failed, the process moves to a special commissioners’ hearing. A condemnation petition is filed with the court in the county where the property is located.
Three commissioners are appointed by the court to hear evidence and arguments from the parties. The commissioners determine the amount which should compensate the landowner based on the information presented to them (typically only information from the condemning authority) and that award will be filed with the Court. Once that amount is paid into the registry of the Court, the government has the right to take possession of the property.
Step 3: Jury trial and appeal.
If either of the parties disagrees with the amount of the commissioners’ award, objections must be filed with the court within a certain time frame. This is where a landowner can object to the commissioners’ award and/or the intended use of the property. After a trial, either party may appeal the decision to a Texas Courts of Appeal.
Learn more about the eminent domain condemnation process in Texas.
Condemnation Litigation: What Happens When Landowners Fight Back?
For Texas landowners who want to fight back against condemnation, there is a two-phase litigation process:
The first phase includes the Special Commissioners’ Hearing mentioned above. The only issue considered by the commissioners is the amount of compensation. They may not consider or determine whether the condemning authority has the legal right to acquire the property.
Landowners are not required to participate in this first phase of the condemnation process. There are often good reasons not to participate. Some of them can be:
- The costs and expenses.
- The fact that the commissioners’ findings are not binding if either party timely objects to them.
- The short time your appraiser has to prepare a detailed report correctly.
- The lack of discovery, depositions and documents showing the details of the project before the hearing. This can cause your own appraiser to make serious errors.
- The downside of educating your adversary about what they did wrong. This can allow them to correct their own mistakes before the real trial that is binding.
The second phase in the Texas condemnation process is the litigation phase. If a case does not settle, then the case goes to trial, often before a jury. The commissioners’ recommendation does not affect this stage. Appeals can follow this trial.
Common Reasons for Condemnation in Texas
Some of the most common projects that involve condemnation include:
- Road expansions
- New highway construction
- Pipeline installations
- Utility easements
These projects are often justified as necessary for public benefit or infrastructure development.
Condemnation can also occur in urban redevelopment initiatives or for projects addressing community needs, such as flood control measures. Recent cases have also involved land taken for high-speed rail projects and environmental restoration initiatives.
Landowner Rights During Condemnation
Texas landowners have rights during the condemnation process, including the right to:
- Receive proper notice
- Negotiate the terms of compensation
- Challenge the taking if it does not meet legal standards
You also have the right to hire Texas condemnation attorneys to protect your interests and ensure you receive fair compensation. Exercising these rights early in the process can significantly impact the outcome of a condemnation case.
Answers to Your Condemnation Questions
Can I negotiate with the condemning authority on my own without an attorney in Texas?
While Texas landowners have every right to negotiate with a condemning authority on their own without an attorney, it is not advisable. An attorney who focuses their practice on eminent domain laws knows how to protect your rights. They can help you avoid making mistakes during negotiations that could result in you not getting the full value of your land.
Someone from the government wants to survey my property. Do I have to let them?
When a Texas property is selected for condemnation, one of the first steps is to reach out to the landowner to request the right to enter their property to conduct a professional survey.
Texas condemnation law does not include any right to entry statutes, therefor a property owner can refuse to give them access. However, this usually won’t stop the survey and won’t stop the condemnation process from moving forward.
Who has the power to take private property through eminent domain in Texas?
Under the U.S. Constitution and the Texas State Constitution, the government has the right to obtain land through eminent domain. This includes federal, state, county and municipal governments, as well as water districts and school districts. It also may include other entities and authorities to which a government entity delegates eminent domain authority to acquire land for a public use.
Can the government offer me less than fair market value for my property?
No. Texas condemnation law states that you must be provided “just” and “adequate” compensation in an eminent domain condemnation. You can hire your own appraiser to make sure the offer is fair. Perhaps most important, though, is hiring an experienced eminent domain attorney to help through the complicated process.
Highlighted Condemnation Case Results
At Dawson & Sodd, we help our clients through all stages of the condemnation process. This includes through trial and appeals if necessary. In one case result, our clients were Denton County landowners Terry and Ossie Button.
The Buttons fought a long battle with Crosstex Energy over the company’s natural gas pipeline easement across their undeveloped property. The appellate court upheld a jury verdict that the easement diminished the land’s value and limited what could be done with the property. Crosstex originally offered $44,955. The net recovery to the landowner after fees and litigation expenses was $609,193.36 (inclusive of the Special Commissioners’ Award).
Experienced Texas Condemnation Attorneys
Experienced representation is important through each step of this process. The deadlines for paperwork can vary and are often crucial. Ensuring that every phase is successfully completed is essential to win fair compensation or fight the right to condemn in court.
If you believe your property is being improperly condemned, or you are being unfairly compensated for your property, talk to one of the experienced eminent domain attorneys at Dawson & Sodd, PLLC. They fight aggressively for landowner rights and never represent the government or agencies seeking to condemn property.
Call (903) 872-8181 (Corsicana) or (214) 373-8181 (Dallas) today for more information on how Dawson & Sodd, PLLC can help you with your eminent domain case.
