FAQs About Condemnation

Inverse condemnation happens when the government takes or damages private property without taking the appropriate steps. This can happen when the government takes possession of the property without purchasing it, damages the property or makes changes that leave owners unable to use their property. In these cases, property owners can go to court to receive fair compensation for their property or the damage they have suffered.

Under Texas and federal eminent domain laws, public entities, such as federal, state, and local agencies, have the right to take property for “public use.” Certain private entities also enjoy this power, as long as they are acting under delegated authority. Public projects for which private property may be acquired through eminent domain law include highways and roads, detention, drainage and flood control, schools, airports, pipelines, electric transmission lines, and public utilities.

Determining whether the government’s offer is fair can be challenging. This can involve a variety of steps, including the following:

• Get an independent appraisal from a qualified professional.
• Research recent comparable sales in your area.
• Consider the property’s potential future value.
• Consult with an experienced eminent domain attorney.
• Consider any other costs you might experience due to relocating, including the cost of moving or the impact that leaving the property could have on your business.

Remember, you are entitled to “just compensation,” which should reflect the property’s fair market value.

Depending on the project, government entities might be able to move forward with their projects without taking certain properties. These alternatives include:

• Negotiated sale: The government can attempt to purchase the property through voluntary negotiations.
• Exchange properties: The government might exchange the desired property for another government-owned property.
• Easements or partial takings: Instead of taking full ownership of the property, the government may seek limited rights to use a portion of that property.
• Redesigning projects: In some cases, the government might modify plans to avoid taking certain properties.

Yes, you can fight against the government taking your property in Texas. As a property owner, you have the right to challenge the government’s reasons for taking your land. You also have the right to challenge whether it has made a fair offer for your property.

However, it can be difficult to win these fights unless there are clear legal problems with the government’s claim. An attorney’s guidance can help you determine the best way to protect your rights.

If the government wants to take your property in Texas, you have rights. They are as follows:

• The government must notify you that it wants to take your property.
• The government must provide you with a fair offer, and you can hire an appraiser to determine a fair price for your property.
• You can challenge the government’s right to take your property.
• You can have a special commission decide how much compensation you should receive for your property.
• If you do not like what the special commission decides, you have the right to a trial.
• If the government does not make progress toward using your property in 10 years, you can buy it back.

Because the specific circumstances of each case can vary, you may want to seek the guidance of a lawyer to understand your rights.

The answer, in most cases, is no. Eminent domain laws are powerful, and only in rare situations can landowners stop public entities from taking their property. Where a lawyer can make a difference by making sure that the proper procedure is followed and working to help you obtain maximum compensation. A skilled eminent domain attorney knows how to put together a compensation claim aimed at getting you the full and fair value for your land and will fight for every cent to which you are entitled.

We are typically paid a percentage of the increased recovery that we are able to obtain for clients over and above what is offered by the condemning entity. If we are not able to obtain an increase, we are not owed a fee. Under certain circumstances, we are available on an hourly fee basis, although this is not typically recommended as it exposes the client to the risk of paying more in attorneys’ fees than the increase achieved since it is impossible to know how much of the process will be required to get the condemning authority to pay a fair amount of compensation.

The length of a condemnation case depends upon a number of factors, including its complexity and the amount of land in controversy. Cases against governmental entities such as the state typically take longer and can take months – or even years – to resolve. Cases against private companies delegated the power of eminent domain typically run much faster.

Every case is unique. To learn how Texas eminent domain law applies to your specific circumstances, talk with an experienced lawyer. You can reach our law offices online or by telephone at 713-325-9700.