Texas Landowner Representation

Know Your Rights: Texas Landowner Rights in Eminent Domain

Understanding your rights is crucial when facing property condemnation in Texas. Learn how Dawson & Sodd helps protect them.

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Your Rights When Facing Eminent Domain in Texas

While the government (and certain authorized entities) has the power of eminent domain, this power is limited by fundamental rights guaranteed to property owners. Both the U.S. Constitution and the Texas Constitution place important restrictions on how and when private property can be taken for public use.

These rights are designed to ensure fairness and prevent the government from abusing its power. They cover everything from receiving proper notice and fair treatment to being justly compensated for your property.

Understanding these protections is the first step towards ensuring your voice is heard and your interests are safeguarded during the condemnation process.

The Texas Landowner’s Bill of Rights

Recognizing the importance of these protections, the Texas Legislature created the Landowner’s Bill of Rights. This document summarizes many of the key rights property owners have when facing condemnation by a governmental or private entity in Texas.

Condemning entities are generally required by law to provide you with a copy of this Bill of Rights early in the process, often along with their initial offer or notice. It serves as a helpful starting point for understanding your basic protections under Texas law. You can also access the official version online.

Key Rights for Texas Property Owners

The Landowner’s Bill of Rights and Texas law outline several critical protections for property owners facing eminent domain. While the following fundamental rights apply to all Texas property owners, how condemnation impacts you can differ significantly depending on whether it affects your home, farm, ranch, or business operations.

After reviewing these core rights, you may want to explore considerations tailored to specific situations:

Beyond the summary document, Texas law provides numerous specific rights throughout the condemnation process. Some of the most important include:

Right to Adequate Notice and Information

  • You have the right to be properly notified about the intent to condemn your property.
  • You must receive a written, good-faith offer (a “bona fide offer”) based on an appraisal before the entity can file a condemnation suit.
  • You generally have the right to receive copies of the appraisal reports the condemning entity used to determine their offer (though some exceptions might apply).
  • You must be given clear information about the condemnation procedures and timelines involved.

Right to Fair Treatment and Negotiation

  • You have the right to negotiate with the condemning entity regarding the compensation amount and other terms (like easement specifics). You are not required to accept their first offer.
  • You have the right to hire your own attorney and appraiser, at your own expense, to represent your interests and help determine the fair value of your property.
  • The condemning entity must generally engage in good-faith negotiations before resorting to filing a lawsuit.

Right to Just and Adequate Compensation

  • This is a cornerstone right. If your property is taken, you are entitled to “just” and “adequate” compensation under both the U.S. and Texas Constitutions.
  • Compensation typically includes not only the fair market value of the property being taken but also any damages caused to the value of your remaining property (remainder damages). 
  • You have the right to present evidence regarding value and damages at the Special Commissioners’ Hearing and, if necessary, in court.
  • Calculating remainder damages involves assessing how the taking impacts the usability and value of your remaining property – these impacts can vary greatly for residential, agricultural, or commercial properties.

See our pages on Homeowner/Landowner Considerations, Business Considerations, and Just Compensation for more details.

Rights Regarding Property Access and Surveys

  • Entities seeking to condemn property often need to conduct surveys (environmental, geological, engineering).
  • While they may have a right to access your property for surveys necessary for the condemnation, Texas law provides protections. They generally must provide proper notice, minimize damage, and may be limited in the scope and intrusiveness of surveys before a formal condemnation suit is filed.
  • You generally have the right to have a representative present during surveys.

Frequently Asked Questions About Texas Landowner Rights

No. While they may have a legal right to enter for surveys necessary for the condemnation, Texas law generally requires them to provide proper notice beforehand. There are also rules limiting the intrusiveness of surveys, especially before a formal condemnation suit is filed. You typically have the right to have a representative present.

The Bill of Rights is a valuable summary of key protections required by Texas law. However, it doesn’t cover every nuance. Specific statutes (like the Texas Property Code) and court decisions provide more detailed rights and interpretations.

The law generally requires condemning entities to provide this document early in the process. If you didn’t receive it, this could be a procedural issue. It’s best to mention this to an attorney familiar with Texas eminent domain law to understand its potential impact on your case.

Yes, if that private company has been granted eminent domain authority under Texas law (like certain pipeline companies or utilities), they generally must still follow the procedures and respect the landowner rights outlined in Texas statutes, including providing the Bill of Rights and paying just compensation.

How Dawson & Sodd Helps Protect Your Foundational Rights

Knowing your rights is important, but actively protecting them during the condemnation process requires vigilance and informed action. With decades of combined experience focused heavily on Texas eminent domain cases, Dawson & Sodd works diligently to safeguard landowner rights by:

  • Ensuring you receive all required notices and information from the condemning entity.
  • Carefully reviewing initial offers and appraisals provided by the condemnor for fairness and completeness.
  • Advising you on your right to negotiate and handling those complex discussions on your behalf.
  • Connecting you with qualified appraisers to independently determine the full value of your property and damages.
  • Vigorously advocating for your right to receive just and adequate compensation at hearings and in court.
  • Advising you on issues related to property access and surveys, ensuring condemning entities comply with Texas law.
  • Guiding you through each step of the legal process to ensure deadlines are met and procedures are correctly followed.

Our familiarity with the tactics used by condemning authorities allows us to anticipate challenges and proactively defend your interests. 

Related Eminent Domain Information

Understanding your rights fits within the broader context of the condemnation process and valuation:

eminent domain timeline Texas

Specific Impacts on Homes & Rural Land

Explore unique issues facing homeowners, farmers, and ranchers.

Specific Impacts on Businesses

Learn about commercial property challenges and leasehold interests.

Texas condemnation process

The Texas Condemnation Process

Learn the step-by-step procedure to learn your rights.

Assert Your Rights:
Get Legal Guidance

Don’t let your rights as a Texas property owner be overlooked during the condemnation process. Asserting these rights often requires knowledgeable legal guidance. The attorneys at Dawson & Sodd are committed to helping landowners navigate these complex situations.

Contact us today for a free, confidential consultation to discuss your specific circumstances and how we can help you protect your property rights.

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(903) 872 – 8181