Eminent Domain Attorneys in Texas

Our eminent domain attorneys in Texas have represented hundreds of landowners across the country. We have experience in nearly every type of eminent domain case–from small pipeline acquisitions to large highway projects–and we always work for landowners.

Our depth of experience ensures you will have the expert representation you need and deserve. In sum, we have helped landowners collectively receive millions of dollars more than initially offered by the condemnors.

What Is Eminent Domain Law In Texas?

Eminent domain is the power of an entity—usually a governmental body or utility—to acquire private land for a “public use.” Eminent domain in Texas is exercised for many reasons, but road projects and pipelines are the most common. Eminent domain examples in Texas often include building highways, utilities, schools, parks, bridges and other public uses.

Whatever the purpose, landowners who face eminent domain have the right to hire an attorney well-versed in eminent domain. These attorneys have a specialized skill set to help landowners get fair treatment when their property is condemned.

When a condemnor issues an offer of just compensation to a landowner, a skilled, qualified eminent domain attorney should be able to assess the sufficiency of the offer and, if necessary, secure more compensation for the landowner.

Constitutional Requirements

Texas has some of the stronger property rights protections in the nation, largely shaped by the state’s response to the controversial 2005 Supreme Court decision in Kelo v. New London. 

This landmark case expanded the interpretation of “public use” to include private economic development, potentially making it easier for governments to take private property. 

In response, Texas voters approved Proposition 11 in 2009, which explicitly prohibited taking private property for private commercial development or primarily for economic development purposes.

Public Use Requirements

Texas law requires that any taking must be for a public use, such as:

• Transportation infrastructure (highways, railways)
• Utility services and infrastructure
• Public buildings and facilities
• Flood control and drainage projects

Texas and federal laws govern eminent domain through various statutes, including the Texas Constitution, Government Code, Property Code, and the U.S. Constitution. 

The Texas Constitution outlines property rights related to public use and special privileges, while the Texas Government Code and Property Code specify procedures, jurisdiction, and compensation for eminent domain proceedings. 

Federal law ensures just compensation for property taken under eminent domain. Several resources, including guides from the Texas Attorney General and Texas A&M University, are available to help landowners understand their rights and the condemnation process.

Eminent Domain in Texas—Recent Legal Changes

Bona Fide Offer Requirements (HB 2730)
Under House Bill 2730, condemning entities (such as government agencies or private corporations using eminent domain) must meet several new requirements to ensure transparency and fairness in their dealings with property owners. These changes were designed to provide landowners with more information and protection during the eminent domain process:

• Itemized Statements of Compensation: The condemning entity must provide a detailed, itemized breakdown of the landowner’s compensation. This includes specifying the value of the property being taken and the damages incurred as a result of the taking.
• Property Value and Damages: The offer must clearly separate the property’s value from any damages to the remaining property (such as reduced land value or impact on the property’s usability).
• Estimated Restoration Costs: The condemning entity must also include an estimate of the costs required to restore the land to its original condition or compensate for the loss of functionality, such as if the property is left in a state that requires remediation or rebuilding.
• Written Appraisal from a Certified Appraiser: To ensure fairness, the condemning entity must present a written appraisal from a qualified, certified appraiser. This appraisal helps establish a fair value for the property being condemned and is intended to prevent under-compensation.

Landowner’s Bill of Rights

The Landowner’s Bill of Rights was updated further to protect property owners in the eminent domain process, ensuring that they are fully informed about their rights and the procedures involved:

• Right to Negotiate Freely: Landowners have the right to negotiate with the condemning entity and are not obligated to accept the initial offer. The law emphasizes that landowners should not feel pressured or coerced into agreeing to the terms presented.
• Right to Refuse the Offer: A key provision ensures that landowners can reject an offer outright. If a fair agreement cannot be reached, the landowner is not forced to relinquish their property.
• Right to Receive All Appraisal Reports: The updated bill mandates that landowners be provided with all appraisal reports used to determine compensation. This allows them to review the basis for the valuation and potentially dispute the assessment if necessary.
• Right to File Complaints Against Condemning Agents: The Landowner’s Bill of Rights also allows property owners to file complaints against the condemning agent if they believe the process is being conducted unfairly, dishonestly, or unlawfully. This creates a channel for recourse if the process is mishandled.
• Right to Repurchase Property: If the condemning entity does not use the land for its intended purpose within 10 years of acquisition, the landowner has the right to repurchase the property at the original price offered. This protects landowners from long-term, indefinite loss of property that was taken for a project that may never be completed.

Agricultural Land Protections (SB 725)

Senate Bill 725 provides additional protections for agricultural landowners facing eminent domain, recognizing the unique value and financial implications of farming and ranching operations:

• Compensation for Lost Tax Exemptions: When agricultural land is taken through eminent domain, the landowner is entitled to compensation for the land itself and any lost tax exemptions associated with the land’s agricultural use. This could include the loss of property tax benefits available to land used for farming, ranching, or conservation purposes.
• Fair Market Value Consideration: The land’s fair market value must account for its use in agriculture. This means that the value of the land cannot simply be based on its highest and best use for development or commercial purposes. It must also consider its agricultural productivity and potential, ensuring that farmers and ranchers are fairly compensated for the full value of their operations.
• Additional Damages for Remaining Operations: If the condemnation negatively impacts the remaining agricultural operation, the landowner may also be entitled to additional damages. This could include compensation for disruption to the farming or ranching business, loss of income, or the cost of relocating or restructuring operations to accommodate the taking of part of the land.

These recent changes and protections aim to balance public projects’ needs with property owners’ rights, especially those whose properties are used for agriculture or who face condemnation in ways that could affect their livelihoods.

It’s easy for landowners to feel overwhelmed or confused about what to do after receiving an eminent domain notice. Many landowners do not know their rights in this situation and aren’t sure where to turn to help.

Fortunately, there are a few simple steps that a landowner can take to protect his or her rights in the event of a potential acquisition. Here’s what a landowner should do after receiving notice that the government intends to take their land.