San Antonio Eminent Domain

Property rights are a bedrock principle in Texas, where land is often a key asset for businesses and the largest investment that many people and families will make. That is why it is often surprising to hear that the government has broad power to take private land for public use.

Eminent domain is the legal term for the authority of federal, state, and local governments to seize private property. It has been recognized in Texas and across the country for a full spectrum of government projects, from building roads and highways to installing power lines and constructing sewage systems.

Fortunately, you do not need to deal with it alone if the government is trying to take your property. Our San Antonio eminent domain lawyers at Barron, Adler, Clough & Oddo, PLLC, have dedicated their careers to helping Texans protect their rights and maximize their compensation in these cases. Our attorneys combine more than a century of experience and a track record of successful results in eminent domain and related matters.

Eminent Domain Power in Texas

The eminent domain power has been established under the U.S. Constitution and state law in Texas.

In the Constitution, eminent domain power comes from the Fifth Amendment, which generally protects individuals from government abuse of power. The “Takings Clause” acknowledges the government’s right to seize private property. It also recognizes property owners’ right to be adequately compensated for their land.

Texas law similarly enshrines the right of state and local government entities to condemn property for a public purpose and in exchange for fair compensation. The Texas Landowner’s Bill of Rights details additional requirements with respect to eminent domain. It forces the government to give property owners sufficient notice of condemnation proceedings, as well as to negotiate in good faith and pay a fair price for the property that reflects its actual value.

Courts have widely interpreted eminent domain power, permitting the government to use it for a range of different projects and allowing it to be bestowed to private companies for public projects in many situations. While it can be difficult to stop the government from taking your land, there are several steps that you can take to ensure that you are paid fairly for it. A San Antonio eminent domain lawyer can help you understand your rights and options.

Eminent Domain vs. Condemnation

Condemnation is the legal process that the government must complete to take private property using its eminent domain power. This is a legally required process that starts with a notice from the government and can ultimately wind its way through the courts in some cases.

The government first must notify the property owner that it intends to take the land and make an offer to buy it. If the parties cannot reach an agreement, the government can start a legal action to condemn the property.

You are not required to accept the first offer or any subsequent offer from the government to buy your land. In fact, there is good reason to reject at least the initial offer.

Government entities often try to get away with lowball offers that do not capture the property’s full value. They use their inherent authority and the threat of legal action to pressure landowners to accept these deals. It is vital to have an experienced eminent domain lawyer in your corner who can evaluate the government’s offer and work to maximize your compensation.

The government has to make a good-faith effort to negotiate an agreement to buy the property. A thorough appraisal of the property must be done to determine its fair market value and make an appropriate offer based on that information.

A property’s fair market value generally is the price that it could get on the open market if the owner were not being forced to sell. The value is calculated at the point of the government’s taking. It also is based on the “highest and best” use of the property, which is not necessarily how the owner is actually using the land,

If the government cannot reach an agreement to buy the land, it can go through the formal condemnation process to take the property. This is often the property owner’s best opportunity to get full compensation for the land.

Condemnation cases are initially designated to court-appointed panels of three special commissioners. The commissioners are people who own land in the county in which the government is trying to take the property. The panel is empowered to determine the amount of compensation that the government must pay to the property owner.

The commissioner panel holds an administrative hearing, during which the government and the property owner each have an opportunity to present evidence and argue their side. The commissioners later issue a determination, taking into account the market value of the condemned property, along with any reduction in its value as a result of the condemnation and the government’s plans for the property.

Many cases are resolved through the administrative hearing and the commissioners’ determination. If either party does not agree with the determination, they can file an appeal. The case then proceeds like other civil lawsuits in local court. Landowners have a right to a jury trial on most eminent domain issues in Texas.

Inverse Condemnation

Most condemnation cases are statutory condemnations: the government is using the process to seize private land for a public purpose.

Inverse condemnations are a more rarely seen tool for private owners whose land has already been taken. Owners in inverse condemnation cases argue that the government, through some action, has effectively taken their property without going through the formal condemnation process and without paying adequate compensation.

Inverse condemnation cases are often tough to prove. If you believe that the government has already taken your property and violated your rights, a San Antonio eminent domain lawyer, our attorneys at Barron, Adler, Clough & Oddo, PLLC can help you decide if you have a case.

What is a “Public Use?”

Government entities often cite a number of different public uses to justify taking private land. In Texas, some of the most common include:

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

The government’s eminent domain power is sweeping, but it is not unlimited. A government entity cannot take public property if the primary purpose is to benefit a specific private party, such as a business or individual. Similarly, a project will not be considered for public use if the primary purpose is economic development or enhancement of tax revenues.

Easements

Easements are an effective way to resolve property disputes.

An easement generally is a right or privilege granted to an individual, entity, or community that allows them to use land that is owned by someone else. In Texas, as elsewhere throughout the country, easements are governed largely by state and local laws.

An easement holder has the right to access the property covered by the easement, but only for specific purposes. The easement does not give ownership or full use of the land to the holder.

In neighborhoods and communities, for instance, easements are commonly used for streets and sidewalks. A private property owner grants an easement to others to build the streets and sidewalks and later to use them. Similarly, utility companies are often granted limited easements to install and maintain water, gas, sewage, telephone or electric lines.

An experienced San Antonio eminent domain lawyer at Barron, Adler, Clough & Oddo, PLLC can help you effectively negotiate an easement agreement that clearly defines the rights of all those covered and efficiently resolve any disputes that arise down the road.

How Our San Antonio Eminent Domain Lawyers Can Help

Eminent domain is a unique and complicated area of the law. If the government is trying to take your land, it is crucial to have an attorney in your corner with experience representing property owners in these cases.

At Barron, Adler, Clough & Oddo, PLLC, our San Antonio eminent domain lawyers have successfully handled government taking cases for landowners in San Antonio and across the state. Our experience spans a wide range of landowners and property types.

Our attorneys have assisted individuals and businesses in special use takings stemming from municipal airports such as the Austin South Terminal, the Texas Rangers stadium, the Sun Bowl stadium, the LBJ Hospital, and a dredge disposal site operated by the Port of Houston Authority, among a variety of other matters.

We are committed to helping people and businesses in San Antonio and statewide protect their property rights. We understand how important private property is to individuals and businesses. That is why we have dedicated our careers to ensuring that our clients are treated fairly in government taking cases.

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