Can I Negotiate With The Condemning Authority On My Own Without An Attorney in Texas?

DO YOU NEED AN EMINENT DOMAIN ATTORNEY TO NEGOTIATE WITH THE CONDEMNING AUTHORITY IN TEXAS? ASK YOURSELF THESE QUESTIONS.

The government and other entities with eminent domain authority in Texas are experts when it comes to taking property from private citizens and businesses in Texas. They have teams of right of way agents, lawyers and appraisers working for them. Most Texas landowners have zero experience with the condemnation process. Before you decide to go it alone, ask yourself these questions:

  • Only an entity with eminent domain authority can seize your property. Do you know how to determine if the entity wanting to take your land really has the authority to do so?

  • The Constitution guarantees you “just” compensation for your property. What does that actually mean? What is the dollar amount? How do they determine that amount? Do you know how to determine this amount consistent with the laws of the State regarding eminent domain?

  • The entity wanting your land says your land is only worth X amount. You know that it’s worth more. How do you go about demonstrating this?

  • The entity only wants to use part of your land for an easement. What steps do you take to ensure they don’t damage the rest of your land?

  • The entity only wants to use your property for a limited amount of time. How do you make sure they clean up their mess and restore your property to its original condition?

Don’t know the answers to these questions? We urge you to reach out to a Texas eminent domain attorney before you have any discussions or make any agreements with the entity wanting to take your land. Even if you do know the answers to these questions, there could be many other questions you need answered before you sign any paperwork with the condemning entity.

ANSWERS TO YOUR QUESTIONS ABOUT EMINENT DOMAIN IN TEXAS

Does an entity with eminent domain authority want to use your land? Many landowners are unsure of what to do after they’ve been notified that their land will be taken to complete a public use project. If you’re a Texas landowner facing this situation, take the following advice. For the best possible outcome, hire a Texas eminent domain attorney as soon as possible. Don’t negotiate with the condemning authority in Texas without an attorney!

As a Texas property owner, you are well within your rights to negotiate with the condemning authority on your own without a Texas eminent domain lawyer representing you. However, this could be a big mistake. If you aren’t familiar with the state’s eminent domain laws — and most people aren’t- an experienced lawyer can protect your rights. They can help you avoid any mistakes that could prevent you from getting the full value of your land.

  • Just compensation is the current fair market value for a piece of property. The owner of a property being targeted for eminent domain is entitled to the same amount of money they would receive if they placed the property on the open market.

    Read more about determining just and adequate compensation in a Texas eminent domain action.

  • Both the Texas and United States Constitutions grant the right of eminent domain, but several requirements must be met before a private landowner is required to give up their land. While these requirements are often difficult to fight in court, in rare cases it is possible.

    Read more about preventing land from being taken by eminent domain.

  • The United States Constitution and the Texas State Constitution give the government the power of eminent domain, as well as other entities to whom those governments delegate this power for acquiring land for a public use.

    Federal, state, county and municipal governments have eminent domain authority, as well as water districts and school districts. Public utility companies have also been allowed to use eminent domain to obtain private property for power lines, pipelines, transformers, etc.

    Read more about who has eminent domain authority.