If you are involved in an eminent domain, condemnation, or inverse condemnation case in the State of Texas, let the attorneys at Barron, Adler, Clough & Oddo, PLLC put their combined 100+ years of experience to work for you. Our team of Texas attorneys practice only one type of law: eminent domain. We possess the legal knowledge, creativity, innovative spirit, resources, and experience to help you reach a desired resolution. Contact us today through our contact form or by calling our Austin office to speak with a Texas eminent domain lawyer.

The eminent domain law firm of Barron, Adler, Clough & Oddo, PLLC has been helping property owners throughout Texas for more than 40 years with eminent domain, inverse condemnation, and regulatory taking cases. Our client list includes national, regional, and local landowners, landlords, and tenants. Most of our cases come from referrals from our past clients, real estate brokers, and from other law firms that want their clients to benefit from counsel that only works in this narrow area of law. Through the years, our Texas eminent domain attorneys have handled some of the largest and most legally significant eminent domain and condemnation cases in the state, in cities including Arlington, Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Houston, Lubbock, Plano, and San Antonio.

If you are involved in an eminent domain, condemnation, or inverse condemnation case in the State of Texas, let the lawyers at Barron, Adler, Clough & Oddo, PLLC put their experience to work for you. Contact an eminent domain or condemnation attorney at our Austin office today to learn more about your case.

What Is Texas Eminent Domain?

Eminent domain is a legal term that refers to the power of government entities to take private property for public use. The process through which the government takes the property is commonly referred to as condemnation.

Eminent domain is often used to condemn land and the physical improvements thereon, but it also covers other types of personal property. The right to condemn extends to various government agencies, as well as entities working under the authority of a government, such as transportation and utility commissions.

Governments typically condemn property in order to create public roads, build schools, parks, and libraries or for water and electricity purposes. In some situations, a government also can take property that is in such poor condition that it has been deemed a safety hazard.

The eminent domain principle dates back to the Magna Carta, the charter of rights established in England in 1215 and is recognized under laws in countries around the globe.

In the U.S., the power of eminent domain is enshrined in the Constitution’s Fifth Amendment. The federal law limits the circumstances in which a federal, state or local government can take private property and requires that “just compensation” be paid to the landowners.

The concept is particularly important in Texas, a massive state known for its natural resources and commitment to individual property rights. State law in Texas gives landowners additional protections under the Texas Landowner’s Bill of Rights. That includes requiring the government to give property owners adequate notice of condemnation proceedings, negotiate in good faith, and pay a fair price for the property that reflects its actual value.

The federal and state laws acknowledge that government entities have an inherent right to seize property when it is for a legitimate public use. Importantly, however, they also provide property owners with important rights and protections of their own. They also established a process that the government must follow before it can seize anyone’s property.

Eminent domain is often misconstrued and poorly understood, even by some government officials seeking to enforce it. For landowners, being hit with a condemnation order out of the blue can be a shocking and stressful experience. That is especially true for individuals and families, for whom real estate is often their largest asset.

That is why it is crucial to have an experienced Texas eminent domain lawyer in your corner. A seasoned attorney can help you ensure that your rights are fully protected, negotiate a settlement that maximizes your compensation and fight eminent domain proceedings in court if needed.

At Barron, Adler, Clough & Oddo, PLLC, our Texas eminent domain lawyers have been advising property owners across the state for more than four decades. Our attorneys help property owners navigate eminent domain and related property takings cases.

Texas Eminent Domain Laws

The U.S. Constitution and the Texas Landowner’s Bill of Rights are the two primary eminent domain documents covering government agencies and property owners in the state.

U.S. Constitution

In the Constitution, the eminent domain power stems from the Fifth Amendment. This amendment generally protects individuals from government abuse of power. It gives people a wide range of rights with respect to criminal prosecution. It also addresses government seizure of private property in what is known as the “Takings Clause.”

“[N]or shall private property be taken for public use, without just compensation.”

That is a straightforward principle: governments have a right to acquire property from private owners if it is necessary for public use. But, they must pay “just compensation” to the property owners in return. Courts have interpreted “just compensation” to mean the property’s fair market value in cases involving a full parcel of property.

The Supreme Court recognized this right as early 1876, ruling that the federal government could condemn property in Ohio for use as a customs house and post office. Twenty years later, the court permitted the federal government to seize property in Pennsylvania from a railroad company in order to preserve the site of the Gettysburg Battlefield.

Texas Landowner’s Bill of Rights

Texas law also recognizes the right of state and local government entities to condemn property for public purposes and in exchange for just compensation.

The Landowner’s Bill of Rights specifically spells out additional requirements with respect to eminent domain. It gives property owners the following rights:

  1. You are entitled to receive adequate compensation if your property is condemned.
  2. Your property can only be condemned for public use.
  3. Your property can only be condemned by a governmental entity or private entity authorized by law to do so.
  4. The entity that wants to acquire your property must notify you that it intends to condemn your property.
  5. The entity proposing to acquire your property must provide you with a written appraisal from a certified appraiser detailing the adequate compensation you are owed for your property.
  6. If you believe that a registered easement or right-of-way agent acting on behalf of the entity that wants to acquire your property has engaged in misconduct, you may file a written complaint with the Texas Real Estate Commission.
  7. The condemning entity must make a bona fide offer to buy the property before it files a lawsuit to condemn the property.
  8. You may hire an appraiser or other professional to determine the value of your property or to assist you in any condemnation proceeding.
  9. You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving the condemnation.
  10. Before your property is condemned, you are entitled to a hearing before a court-appointed panel of three special commissioners. The special commissioners must determine the amount of compensation the condemning entity owes for condemning your property. The commissioners must also determine what compensation, if any, you are entitled to receive for any reduction in value of your remaining property.
  11. If you are unsatisfied with the compensation awarded by the special commissioners, or if you question whether the condemnation of your property was proper, you have the right to a trial by a judge or jury. You may also appeal the trial court’s judgment if you are unsatisfied with the result.

A government agency seeking to take your property is also required to give you a copy of the Texas Landowner’s Bill of Rights. A Texas eminent domain lawyer can help you protect these rights and ensure that you are properly compensated for your property.

Frequently Asked Questions About Texas Eminent Domain

What is the difference between eminent domain and condemnation?

Eminent domain refers generally to the right of government entities to take private property for public use. Condemnation is the legal process that the government must complete in order to take the property.

Can the government really take my private property?

Yes. Government entities have broad power to take property for a wide range of public uses, so long as the entity provides just compensation to the property’s owner.

How does the condemnation process start?

The government first must notify you that it intends to take your property. That includes describing the property it seeks to condemn, identifying the public purpose for which it will be used and offering compensation.

Does the government have to negotiate with me?

Yes. A government agency seeking to take your property via eminent domain is required under Texas law to make a good-faith effort to negotiate a deal to purchase the property from you. The agency must do a thorough review to determine the fair market value of the property and make an offer that reflects that value. It also must give you an appraisal from a certified appraiser, detailing the basis of the offer.

What if we can’t reach an agreement?

If you reject the offer, the government may file a lawsuit to condemn the property. You have the right to argue in response that the offer is too low or otherwise does not reflect the property’s fair market value.

Unfortunately, government agencies all too often use the threat of a condemnation lawsuit as leverage to push lowball offers to buy property they want to take. This is one of several reasons why it is vital to seek the advice of a seasoned Texas eminent domain lawyer.

Who are the special commissioners?

The special commissioners are a three-member panel appointed by a court to oversee the condemnation proceedings. The members are independent property owners who live in the county where the property that the government wants to take is located.

The commissioners conduct a hearing in which each side can present evidence and ultimately determine the amount of compensation that the government must pay for the property. The government and the property owner have the right to appeal the commissioners’ decision.

Do I need to hire a lawyer?

A property owner facing condemnation is not required under the law to hire an attorney, but there are several reasons why it is important to have legal representation in these cases.

Most importantly, the government wants to spend as little money as possible to obtain your property. Government agencies use their inherent authority and the threat of lawsuits to try to force landowners to give up their private property for pennies on the dollar.

A Texas eminent domain lawyer at Barron, Adler, Clough & Oddo, PLLC will fight to ensure that you are treated fairly. That means negotiating with the government to maximize your compensation without a long and drawn-out legal battle whenever possible and fighting through the condemnation process to protect your rights when needed.

Our attorneys have been helping property owners throughout Texas for more than 40 years with eminent domain, inverse condemnation, and regulatory taking cases. Our client list includes national, regional, and local landowners, landlords, and tenants. Most of our cases come from referrals from our past clients, real estate brokers, and from other law firms that want their clients to benefit from counsel that only works in this narrow area of law. Through the years, our Texas eminent domain attorneys have handled some of the largest and most legally significant eminent domain and condemnation cases in the state, in cities including Arlington, Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Houston, Lubbock, Plano, and San Antonio.

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

Schedule Consultation

Our Services