Eminent domain can feel overwhelming, but as a landowner, you have rights that are protected under Texas law. From fair compensation to challenging the taking of your property, understanding these rights is the first step to protecting what’s yours. This page offers an overview of the key protections available to landowners and provides resources to help you take action.
What Are Your Rights as a Landowner?
If your property is being targeted for eminent domain, you are not powerless. Texas law provides protections to ensure you are treated fairly throughout the process. These rights are designed to help you challenge unfair takings and get the compensation you deserve. Here’s what you need to know about your rights as a landowner:
Key Landowner Rights
- The Right to Just Compensation: You are entitled to receive fair market value for your property. The government or entity must provide compensation that reflects the true worth of your land plus pay you for any diminution in value that your remaining property suffers as a result of the taking.
- The Right to Challenge the Taking: You have the legal right to dispute whether the taking is for a legitimate public purpose. If the project doesn’t serve a public benefit, you may be able to stop it.
- The Right to Negotiate: You are not required to accept the first offer from the government. Many initial offers are low, and you can negotiate for better compensation.
- The Right to Legal Representation: An experienced eminent domain attorney can help you navigate the process, negotiate on your behalf, and fight to protect your rights.
The Landowner’s Bill of Rights
Before making a final offer, the government or any entity with eminent domain authority must provide you with a document called the Landowner’s Bill of Rights. This document outlines your legal protections, including your right to fair compensation and your ability to challenge the taking of your property.
By law, the Landowner’s Bill of Rights must be sent to you at least seven days before a final offer is made.
Explore these rights in more detail on our Individual Landowner Rights page.
What About Business Owners?
If you’re a business owner, the impact of eminent domain goes beyond just losing property. Eminent domain can disrupt your operations, reduce your revenue, and force costly relocations. While compensation is typically limited to real property losses, Texas law recognizes these challenges and provides some protections for business landowners.
Key Rights for Business Owners
- Compensation for Relocation Costs: You may be entitled to reimbursement for moving expenses or other costs related to relocating your business.
- Fair Market Value for Commercial Properties: The government must compensate you based on the fair market value of your business property, including any unique characteristics that add to its value.
- Disruption to Operations: In some cases, you may be able to seek compensation for special damages, such as loss of access or loss of essential resources.
Business owners often face additional complexities in eminent domain cases, making it even more critical to seek expert legal representation.
Learn more about Business Landowner Rights during eminent domain cases.
What Happens When the Government Damages Your Property?
Sometimes, the government doesn’t officially take your property, but their actions cause damage that significantly lowers its value or use. This is called inverse condemnation, and it’s a situation where the government has essentially ‘taken’ your property without going through the formal eminent domain process.
Examples of Inverse Condemnation
- Flooding caused by a public works project that damages private land.
- Noise or environmental impacts from new infrastructure, like highways or airports, that lower your property’s value.
- A government project that blocks access to your property, making it difficult to use or develop.
If you’re dealing with property damage caused by the government, you may have the right to file an inverse condemnation claim to recover compensation for your losses.
Find out more about Inverse Condemnation and how to protect your rights.
Steps to Protect Your Rights as a Landowner
Facing eminent domain can feel overwhelming, but knowing the right steps to take can make all the difference. Here’s how you can protect your property and ensure you’re treated fairly during the process:
- Understand Your Rights: Familiarize yourself with your legal protections, including your right to fair compensation and your ability to challenge the taking.
- Request a Fair Appraisal: The government’s appraisal may undervalue your property. Once you have experienced legal counsel to advise you, consider hiring an independent appraiser to ensure your property is accurately valued.
- Don’t Accept the First Offer: Initial offers from the government are often lower than what you deserve. Take time to review the offer and negotiate for a fair settlement.
- Get Legal Help: An experienced eminent domain attorney can guide you through the process, help you negotiate for better compensation, and represent you in court if necessary.
Learn more on our What Can You Do? page.
Frequently Asked Questions
Can I refuse the government’s offer for my property?
Yes, you have the right to reject the initial offer. If you believe the compensation is too low or that the taking isn’t justified, you can negotiate or challenge it.
What happens if I refuse to sell my property?
If you reject the government’s offer, they may file a condemnation lawsuit to acquire your property. In that case, a court will decide whether the taking is legal and determine fair compensation.
How long does the eminent domain process take?
The timeline varies depending on the complexity of the project and whether disputes arise. While some cases are resolved quickly, others can take months or even years.
Take Action to Protect Your Rights
Facing eminent domain doesn’t mean you have to give up your property or accept an unfair offer. As a landowner in Texas, you have rights — and Dawson & Sodd is here to help you defend them.
With decades of experience representing landowners across Texas, we’ve built a reputation for excellence and outstanding results in eminent domain cases. Our attorneys are dedicated to protecting your property rights, maximizing your compensation, and ensuring you get the best possible outcome.
Don’t wait — acting quickly can make a big difference in the outcome of your case. Let us help you take control and protect what’s yours.
