What Every Texas Landowner Should Know About Eminent Domain

Understanding Your Rights Before Someone Comes Knocking

For most Texans, land is more than property. It represents years of hard work, family history, future plans, and a lasting legacy. While many landowners will never encounter eminent domain, understanding your rights before the process begins can help you make informed decisions if the situation ever arises.

The Texas Attorney General's Landowner's Bill of Rights was created to help property owners understand the protections provided under Texas law when a governmental or authorized private entity seeks to condemn private property for public use. Knowing these rights is one of the most important steps a landowner can take.

What Is Eminent Domain?

Eminent domain is the legal authority that allows certain governmental entities—and in some cases, private entities authorized by law—to acquire private property for a public use. When this occurs, Texas law provides important protections designed to ensure that landowners are treated fairly throughout the process.

The Landowner's Bill of Rights exists to explain many of these protections and outline the procedures that must be followed before property may be condemned.

Your Property Cannot Be Taken Without Legal Authority

One of the most important protections outlined in the Landowner's Bill of Rights is that property cannot simply be taken because another party wants it.

Under Texas law:

• Property may only be condemned for a public use.
• Only governmental entities or private entities specifically authorized by law may exercise eminent domain.
• Landowners are entitled to receive adequate compensation if their property is condemned.

These principles form the foundation of the eminent domain process in Texas.

The Condemning Entity Must Follow Specific Steps

Before a condemnation lawsuit may be filed, the entity seeking to acquire property must complete several important steps.

You Must Be Notified

The entity proposing to acquire your property must notify you of its intent to condemn your property.

You Must Receive an Appraisal

The condemning entity must provide you with a written appraisal prepared by a certified appraiser that details the compensation it believes is owed for your property.

A Bona Fide Offer Must Be Made

Before filing a condemnation proceeding, the entity must make a bona fide offer to purchase the property. This means it must first attempt to negotiate with the landowner before turning to the courts.

You Have the Right to Seek Your Own Advice

Receiving an offer does not require you to simply accept the condemning entity's valuation.

The Landowner's Bill of Rights explains that property owners may hire:

• An attorney
• An appraiser
• Or another qualified professional

to help determine the value of the property or assist throughout the condemnation process.

Having independent professionals review the situation allows landowners to better understand both the proposed compensation and the legal process.

If an Agreement Cannot Be Reached

If negotiations are unsuccessful, the condemning entity may initiate a condemnation proceeding.

Before property is condemned, landowners are entitled to a hearing before three court-appointed Special Commissioners.

During this hearing, the commissioners determine:

• The amount of compensation owed for the property being acquired.
• Whether compensation is owed for any reduction in value to the remaining property that is not being acquired.

This hearing is an important part of the condemnation process and gives both parties an opportunity to present evidence regarding compensation.

You Have the Right to Object

After the Special Commissioners issue their decision, either party may object to the award within the time allowed by law.

If an objection is filed, the case proceeds through the court system, where the amount of compensation can be determined by the court.

The Landowner's Bill of Rights also explains that a condemning entity may, under certain circumstances, take possession of the property while litigation over compensation continues.

Survey Requests Before Condemnation

In some situations, an entity considering condemnation may request permission to enter property to conduct examinations or surveys.

The Landowner's Bill of Rights explains that the document includes information regarding:

• The condemning entity's obligations when conducting examinations or surveys.
• Responsibility for damages arising from those activities.
• The property owner's options during this stage of the process.

Understanding these provisions helps landowners know what to expect if they are approached before formal condemnation proceedings begin.

Keep Records Throughout the Process

Although every situation is unique, maintaining organized records can be helpful throughout any eminent domain proceeding.

Examples include:

• Written correspondence
• Appraisals
• Maps or surveys
• Offers received
• Notes from meetings or conversations
• Documentation relating to the property's condition

Good recordkeeping can help landowners and their professional advisors evaluate the process more effectively.

Knowledge Is One of Your Greatest Protections

Facing a potential condemnation can feel overwhelming, particularly for landowners who have never experienced the process before. Fortunately, Texas law provides a number of procedural safeguards intended to protect property owners and ensure that condemnation follows established legal requirements.

Understanding your rights before decisions must be made can help you approach the process with greater confidence and better prepare you to work with qualified legal and valuation professionals when appropriate.

Educational Disclaimer

This article is provided for educational purposes only and should not be considered legal advice. Every eminent domain matter is unique. Landowners facing a potential condemnation should carefully review the Texas Attorney General's Landowner's Bill of Rights and consult qualified legal counsel regarding their specific circumstances.

Source: Texas Attorney General, Landowner's Bill of Rights.