Protecting Your Land, Securing Your Future

Texas Road & Highway Condemnation (TxDOT Projects)

Navigating the complexities of TxDOT right-of-way acquisition and ensuring fair payment when your property is taken for roads.

Discuss Your TxDOT Offer

Texas Growth and Road Condemnation (TxDOT)

Texas’ rapid population and economic growth necessitates constant expansion and improvement of its road network. The Texas Department of Transportation (TxDOT) and local government entities frequently use eminent domain to acquire the land needed (known as “right-of-way” or ROW) for these projects.

Understanding Right-of-Way (ROW) Acquisition

Unlike pipeline easements where you often retain ownership, road projects typically involve TxDOT acquiring full ownership (fee simple title) of the land needed for the road itself, shoulders, drainage, and slopes. This permanently removes that land from your control. The process follows the standard Texas condemnation procedure if a voluntary sale isn’t agreed upon.

Key Issues in Road & Highway Takings

Landowners impacted by road projects face specific concerns:

Amount of Land Taken: Ensuring the ROW acquired is truly necessary for the project and not excessive.
Impact on Access: How will the new road affect your ability to get onto and off your remaining property? Loss or changes in access can significantly damage value.
Proximity Damages: How does the closer proximity of a busier road impact the use and enjoyment of your remaining property (noise, vibration, visual blight)?
Business Impacts: Road projects can severely disrupt businesses by altering visibility, traffic flow, and customer access.
Drainage Issues: Changes in grading and drainage for the road can negatively affect adjacent properties.
Temporary Construction Easements: Compensation for temporary land use during the construction phase.

Calculating Compensation: Beyond Just Land Value

Compensation for road takings must cover the fair market value of the land acquired by TxDOT plus any damages caused to the value of your remaining property. Assessing remainder damages due to factors like changed access, proximity, or altered shape is often critical to receiving full and adequate compensation under Texas law. Initial offers from TxDOT may not fully account for these complex damages.

How Dawson & Sodd Helps with TxDOT & Road Cases

Our firm has considerable experience representing Texas landowners in condemnation cases initiated by TxDOT and other governmental entities for road and highway projects. We help by:

Analyzing TxDOT’s project plans, ROW maps, and appraisals.
Evaluating the impact of the taking on property access, visibility, and usability.
Working with appraisers and engineers to determine the full extent of damages to remaining property.
Negotiating forcefully with TxDOT representatives for fair compensation.
Representing landowners in Special Commissioners’ Hearings and court proceedings when necessary to fight for adequate payment.

We understand TxDOT procedures and valuation methods used in Texas road condemnations.

Frequently Asked Questions About Road & Highway Condemnation

The cost to “cure” certain damages caused by the taking, like rebuilding a fence along the new property line or reconfiguring a driveway for proper access, can sometimes be considered as part of the remainder damages calculation or negotiated separately. It’s a key point to address during valuation and negotiation.

If the road project substantially impairs or eliminates practical access to your remaining property, the resulting decrease in market value is compensable as remainder damage. Proving the extent of this damage often requires appraisal testimony and sometimes traffic engineering analysis. Minor inconveniences are typically not compensated.

Maybe. Increased noise, vibration, or visual impacts can potentially be considered as factors causing remainder damages if they demonstrably decrease the market value of your remaining property. This often requires strong appraisal evidence showing market resistance due to these factors.

Not automatically. Compensation is based on the part taken plus damages to the remainder. However, if the remainder is rendered economically useless or “uneconomic” due to its size, shape, or lack of access after the taking, the damages calculation might approach the value of the whole property. In some negotiations, TxDOT might agree to acquire the entire parcel if it makes practical sense.

Related Condemnation Information

Learn more about the overall process and your rights:

Your Texas Landowner Rights

Learn about protections regarding surveys, notices, and fair treatment.

The Texas Condemnation Process

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

Securing Just Compensation

Discover how fair value and damages are determined in your case.

Real Results for Texas Landowners

Don’t just take our word for it. See how we’ve helped landowners like you. View all Case Results.

Landowner Awarded

$346,000

Initial Offer

$4,405,000

Final Recovery

Partial Taking of Parking Lot – Dallas

Landowner Awarded

$389,000

Initial Offer

$3,220,000

Final Recovery

Rest Stop Taking – Landowner Property (Central Texas)

Get Help with Your Road
Condemnation Case

If TxDOT or another entity is seeking to acquire your property for a road project, ensure your rights are protected. Contact Dawson & Sodd for a free consultation to review the offer and discuss your options.

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