Condemnation Legal Proceedings

Texas law provides for specific legal proceedings when a governmental or private entity seeks to take all or part of your property for a public use.   Importantly, your property cannot be taken without “adequate compensation,” which by law includes the fair market value of the property being taken.  Additional factors may be considered in determining the property owner’s damages, including access to your remaining property and the loss of your use and enjoyment of the property.  You may also be entitled to reimbursement for moving expenses.

The first step in the condemnation process requires the condemning authority to make the property owner an initial offer to purchase your property.  You must also be provided a copy of the Texas Landowner’s Bill of Rights at least by the time that the condemning authority notifies you that it has the power to take your property.  The purchase offer must be made in good faith and must be based on an assessment of the value of the property.  The condemning authority must also provide you with all appraisal reports it used to ascertain the value of your property.

You in turn have the right to negotiate the amount of compensation for your property, to independently investigate the value of your property, and to obtain your own assessment.  Whether or not you provide the condemning entity with your valuation of the property, the entity can choose to issue its “final offer” that it will pay the landowner to compensate for the property taken.  Again, you can choose to accept or reject the compensation offered.

If you decline the final offer, the condemning entity can then file condemnation proceedings in state court, usually in the county where you live and/or where the property is located.  The judge will appoint a panel of three local landowners to serve as “special commissioners,” who will hold a hearing on the value of the property and any other damages, such as damages to your remaining property.

The special commissioners will then determine an award of compensation.  After the award is filed with the court, the condemning entity is authorized to take the property.  However, either party can appeal the special commissioners’ award to the trial court.  You then have a right to a trial by jury to determine adequate compensation for your property.  Either party can additionally appeal the jury’s verdict to the court of appeals.

There are some tight deadlines at each stage of the condemnation legal proceedings.  It is therefore important to seek legal assistance as soon as possible after you learn that a public or private entity seeks to claim eminent domain over your property.  The lawyers at Allen Stewart, P.C. can assist you every step of the way.