TEXAS EMINENT DOMAIN ATTORNEYS

Eminent Domain Attorneys & Lawyers in Texas

At Sever Storey, our mission is to hold condemners—whether they be local, state, federal, utility or other —accountable to the landowners whose land they are acquiring. Our entire firm is built around serving you, the landowner who is facing eminent domain and condemnation.

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, including small pipeline acquisitions and 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.

Right now, we are following a number of projects in the State of Texas, and if one is affecting you, get in touch with our eminent domain lawyers in Texas immediately for a free consultation.

Your condemnation issue is important to us. Please complete the form below or contact us directly with your questions.

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 the most common in Texas are road projects and pipelines.

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

What Should Landowners Do after Receiving An Eminent Domain Notice in Texas?

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.

1. Contact a Eminent Domain Attorney in Texas

The state or federal government has probably spent months or even years researching a landowner’s property. For this reason, it’s vital for landowners to consult with an eminent domain lawyer as soon as they receive an eminent domain notice to know how fair a condemnor’s offer is.

2. Understand Your Rights

It’s also important for landowners to know their rights after receiving an eminent domain notice. Landowners can challenge the taking of their property or refute the amount the state offers in. In either case, it’s essential to hire a condemnation attorney to handle the case.

3. Do Not Negotiate On Your Own

It is important to remember that a landowner may not be aware of all the compensation he or she is entitled to as a consequence of an acquisition. Therefore, landowners that negotiate on their own often miss out on compensation they never knew they could get. Condemnors may take advantage of unrepresented landowners and seize on the opportunity to get a landowner’s property at a bargain price. It is essential that landowners who receive an offer from a condemnor immediately contact an attorney prior to instigating any negotiations with the condemnor.

Eminent Domain and “Just Compensation” in Texas

While a condemnor may have the ability to acquire private property via eminent domain, that condemnor is also obligated by both the U.S. and Texas constitutions to pay the landowner “just compensation” for that land.

It may not surprise you to learn that a landowner’s definition of “just compensation” may be far different than TxDot’s, or any other entity’s definition of “just compensation.” This means that even though a condemnor may show up at your door with an appraisal and an offer, you are guaranteed the right to challenge that offer, and if necessary, present your case for compensation in front of a jury of your peers. A smart landowner should be skeptical of any offer a condemnor makes, and rather than take the condemnor’s word for it, a landowner should seek out an unbiased and qualified opinion of that offer to see how reasonable it is.

Eminent Domain Relocation Costs in Texas

Texas landowners who are subject to a “total taking,” and whose business or residence is being relocated, are not only entitled to compensation for their property but also entitled to compensation to relocate. Appropriately called “relocation benefits, this compensation is separate and apart from the compensation a landowner receives for the property itself. Unsurprisingly, relocation benefits are commonly underestimated by condemnors.

Business owners subject to relocation by eminent domain are often placed into a precarious position, and if not handled correctly, an eminent domain relocation can completely destroy a business. Moving a business is a comprehensive venture, and if all the expenses are not covered, the results can cut into profits, at best, and destroy the business altogether at worst.

A qualified and experienced eminent domain attorney, who knows the law on relocation and can put together a comprehensive relocation package for a business, can potentially be the difference in a business’ survival after an eminent domain relocation. It is imperative to have a relocation strategy if and when a condemnor comes knocking.

What Are the Limits of Eminent Domain in Texas?

Texas condemnors, like other states, enjoy a whole host of powers associated with their ability to acquire private property through eminent domain; however, in addition to requiring the payment of just compensation, condemnors are required to: Issue a good faith, bona fide offer to the landowner, Provide the landowner with a copy of the appraisal used for the offer, Provide the landowner with proper notice of any eminent domain proceedings.

How Long Do Eminent Domain Cases Take in Texas?

Eminent domain cases vary by both length and breadth, but generally, an eminent domain case which doesn’t require litigation can be resolved in a couple months. A case which requires litigation usually lasts 8-12 months from the date a landowner is sued.

Can Eminent Domain in Texas Be Stopped?

It is very difficult to stop eminent domain in Texas, but it can be done in some rare circumstances. An experienced eminent domain attorney should be able to identify if an eminent domain acquisition does not meet the requirements of the law or if a condemnor did not follow proper procedure. If a landowner feels like a condemnor is not following the law, they should contact a qualified eminent domain attorney to discuss the options available.

How Sever Storey Can Help You in Texas

At Sever Storey, our team of eminent domain and condemnation lawyers are here to protect the rights of landowners in Texas.

We have provided legal advice to hundreds of clients involving takings both big and small. Our goal is to ensure that you are fully compensated for the physical taking of your land. In our experience, the condemning authority (entity taking your land) rarely considers all of the damages the landowner has suffered.

Our team of eminent domain lawyers in Texas is here to defend landowners threatened by eminent domain and will fight hard to protect your rights. With offices in Georgia, Indiana, Illinois, North Carolina, Ohio and Texas, we have a national reach and have represented clients across the country.