Under Texas law, public or quasi-public entities like GBRA may use eminent domain to acquire easements or land if negotiations fail and the project serves a public purpose. However, landowners have important rights:
Summary of Key Protections for Land Owners:
- Right to Fair Compensation
- You must be offered fair market value for the easement or land taken, based on recent comparable sales.
- Compensation may include loss of market value to the remainder of your land and damages for disruption.
- Right to Negotiation First
- Before any legal action, the agency must make a bona fide offer and provide:
- A land survey
- A copy of the Landowner’s Bill of Rights
- A written appraisal
- A final offer letter
- Before any legal action, the agency must make a bona fide offer and provide:
- Right to Legal Representation
- You may hire an attorney and a licensed appraiser at your expense.
- Many landowners secure significantly higher settlements through legal advocacy.
- Right to a Condemnation Hearing
- If no agreement is reached, a Special Commissioners’ Hearing is held. A panel of local property owners decides the compensation amount.
- You may appeal the decision in district court.
- Right to Damages for Temporary Access
- Even temporary construction zones can generate compensation or require restoration.
- Access to Mitigation or Revisions
- You can request route changes, fencing, revegetation, and access gates during negotiation.
For more detail, refer to the Texas Landowner’s Bill of Rights, available here:
👉 https://www.texasattorneygeneral.gov/sites/default/files/files/divisions/general-opinion/landowners-bill-of-rights.pdf
