Property rights are vital to landowners in Houston and across Texas, whether the property is a family home or a commercial business site. That is why many people are surprised to hear that the government has broad power to take private property, even when an owner does not want to sell it.

Eminent domain is a legal principle that gives government entities the right to take private property when necessary for public use. Federal, state, and local governments use this power for a wide range of purposes, from building streets and roads to installing power lines.

When a government entity takes property via eminent domain, it is required to fairly compensate the owner. The government is also required to go through a formal legal process to take the property and determine the appropriate compensation if it cannot reach an agreement with the owner.

For many landowners, being hit with a notice that the government plans to take your property can be overwhelming and stressful. Fortunately, you do not need to do it alone.

At Barron, Adler, Clough & Oddo, PLLC, our Houston eminent domain lawyers have dedicated their careers to fighting for people and businesses facing eminent domain actions. We combine more than 100 years of experience in these cases and a track record of successful results for our clients.

How Eminent Domain Works

The eminent domain power is enshrined in the U.S. Constitution and Texas law. It broadly gives the government power to take private land and other property in exchange for “just compensation.”

That power has been delegated in Texas to counties, municipalities, and other political subdivisions. It also has been granted to private companies for some public use projects, like utilities and the construction of airports.

Condemnation is the process through which the government takes the property. To be clear, the land being “condemned” does not need to be in poor or unsafe condition for the government to take it. Rather, the government just has to show that it needs the property for a public purpose.

The condemnation process usually begins with the government notifying you by mail that it intends to take the property. This is a crucial juncture for property owners and the ideal time to contact an experienced Houston eminent domain lawyer. An attorney can immediately begin taking steps to ensure that the government goes through all of the legal requirements and fairly compensates you in the event it takes the property.

The government typically will request to survey the land and then make you an offer to purchase it. It is important to understand that you are not required to accept this offer. Government entities often use their inherent authority to try to pressure landowners to quickly accept the first deal.

If you are not able to reach an agreement on the price, the government can initiate formal condemnation proceedings. That is overseen by a panel of special commissioners who will determine how much you should be paid.

The Condemnation Process in Texas

Three special commissioners are appointed by local courts to hear condemnation cases. The commissioners are independent landowners who live in the county in which the property that the government is seeking to obtain is located. They also are neutral: the commissioners themselves should have no personal interest in how the matter is resolved.

The panel is authorized to determine the amount of compensation that the government must pay to the property owner in exchange for taking the property. The commissioners hold an administrative hearing in which the government and the property owner each have a chance to present evidence and make arguments. The government will bring in its lawyers to make its case. Property owners should be prepared to do the same.

In determining the compensation that the government must pay, the commissioners consider the market value of the condemned property. They will also account for any reduction in the remaining property’s value caused by the condemnation and the government’s plans for the property.

Many cases are resolved through the hearing process. If either side does not agree with the commissioners’ determination, however, they have the right to appeal it through a traditional court proceeding.

Can the Government Really Take My Land?

In Texas, a government entity can take private land in a wide range of situations in which the property is needed for public use.

The term “public use” has been interpreted broadly in favor of the government. Common examples of public uses justifying the taking of private property include:

  • Highways, roads, and streets
  • Gas, oil, sewage and water pipelines
  • Electrical transmission lines
  • Coal, natural gas, and nuclear power facilities
  • Libraries, courts, and other government buildings
  • Schools and public parks
  • Public transportation, such as airports or train stations

That said, there are some important limits on public use. The government generally cannot take property for the primary purpose of benefiting a specific private party, like a business. It also cannot justify taking private property for transfer to another private party if the primary purpose is economic development or enhancement of tax revenues. A taking is permitted, however, if economic development or tax revenues is a secondary purpose.

How much property the government takes for these projects depends on the situation. The government may condemn an entire parcel of land and improvements on it or seek a more limited easement.

Can I Fight It?

Yes. And our Houston eminent domain lawyers can help. While it is often difficult to completely stop a government entity from taking private property, we can ensure that you get maximum compensation.

Here is what you need to know: It is in the government’s interest to pay as little as possible for your property to keep down costs for the public project. As a result, government entities often push lowball offers to buy land and use the threat of formal legal action as leverage.

Do not let them get away with it. You are not required to accept the government’s offer to buy the land. You have the right to contest the offer and negotiate for more compensation. You also have the right to force the government to go through the formal condemnation process and to challenge the special commissioners’ determination if you do not agree with it.

Full compensation includes not only the market value of the property that the government is taking but also the decreased market value of what you are left with afterward.

The property’s fair market value generally is the price that you could get for it on the open market if you were not being forced to sell. The value is determined at the point of the taking by the government. This timing can be crucial because of the swings in property values that can occur over time.

The value is based on the “highest and best” use of the property, which is not necessarily how you are actually using the property. A common example is unimproved land that is surrounded by housing developments and commercial businesses. The fair value is likely to be based on possible residential or commercial uses.

An appraiser will consider all uses for which the property is “reasonably adaptable” and for which it is or “is in all reasonable probability will become within the foreseeable future.” That does not include uses that are purely speculative.

We Stand up for Landowners in Houston

At Barron, Adler, Clough & Oddo, PLLC, we are guided by the principle that property rights are sacred in Texas. The unfair treatment of citizens in the condemnation or taking process is a fundamental violation of their constitutional, legal, and moral rights.

Our lawyers know that the purchase of property is the largest investment that many Texans will make in their lifetime. That is why we work tirelessly to protect our clients’ property rights.

Our Houston eminent domain lawyers have assisted people and families across the state in government takings cases. We have also advised a number of businesses faced with eminent domain proceedings, including:

  • 7-Eleven
  • Church’s Chicken
  • Covert Buick
  • Dillard’s
  • First Baptist Church of Georgetown
  • H. E. Butt Grocery Company
  • Home Depot
  • Hunt Realty
  • McDonald’s Corporation
  • Public Storage
  • QuikTrip
  • RaceTrac
  • Roman Catholic Diocese of Austin
  • Taco Bell

A Houston eminent domain lawyer at our firm will fight to ensure that you are treated fairly. Our attorneys have significant experience negotiating with the government to maximize landowners’ compensation, often without long and drawn-out legal battles. We are also experienced litigators with a strong track record for fighting through the condemnation process to protect our clients’ rights.

Speak With a Houston Eminent Domain Lawyer

If you are involved in an eminent domain, condemnation, or inverse condemnation case in Texas, let the lawyers at Barron, Adler, Clough & Oddo, PLLC put their experience to work for you. With more than a century of combined experience fighting for landowners across Texas, we can help you understand your rights and take action to protect them.

Contact us today to discuss your case and how we can help.

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