How To Respond If You Receive A Notice That Your Texas Property Is To Be Condemned

Government entities – such as Cities, Counties, the State and the federal government, and even oil and gas pipeline companies, electric transmission line companies, Water Districts (and several other kinds of governmentally blessed entities) – have vast resources (which they often use very inefficiently), and their agencies include personnel with significant experience taking property from private citizens. They efficiently organize the seizure properties to allow for the development of infrastructure such as roads, highways, water lines, electric transmission lines, oil or gas pipelines, utilities, bridges, dams, lakes, and more.

When landowners are facing threats of condemnation, it can be intimidating, and they may not know how to respond to condemning entities (or their savvy agents). Stakes are high, and  property owners are not typically ready to know what to say (or to not say) or how to defend their properties effectively. With experienced legal counsel, property owners  have a much stronger chance of receiving Just Compensation that the Constitution guarantees. You can turn to Matt Hurt for guidance if your property is in the crosshairs of condemning authorities.

You Cannot Count On Fair Treatment In An Eminent Domain Case Involving Your Property

When you receive notice announcing a potential condemnation of your property (whether it’s an industrial property, a commercial property, a business, a ranch, or a property primed for development), you may also receive a statement of the terms of a transaction that the government wants you to agree to, possibly even including a proposed deed or easement document, and including a dollar amount. Do not assume that this offer is fair. In fact, assume that it is NOT FAIR. They would not send it to you if it was not good for them. It’s best to take your time, get help, and go slow. Do not assume that what is a logical compensation for you is all that you are really entitled to. Many of Matt’s former clients never realized all that they were entitled to receive, or the best way to obtain the full Just Compensation they should be able to get. It may take much research for you or anyone representing you to calculate your losses. But Matt Hurt regularly helps clients obtain much higher compensation than the amount they were originally offered.

You may rightly be asking yourself: “Why isn’t my offer fair? If they are so experienced taking land, why don’t they get it right?” You may know just from the dollar amount that the offer is too low, but you may not understand why.

There are several potential reasons, including the following:

• A governmental entity may be required to follow State law governmental procurement laws when hiring private consultants, including engineers and appraisers. So sometimes one of the lowest bidders “wins.”  Which means you may lose.
• In Matt’s experience, the condemning authority may hire only a few appraisers to appraise tens, hundreds, or even more properties for a project when land is needed from many landowners. Depending on how much money the appraiser has budgeted for each appraisal, there simply is not enough money in the feet hat the government pays the appraiser for the appraiser to spend the necessary time it takes for the appraiser to dig into the details of your property. The old saying, “You get what you pay for,” works against the landowners in this case.
• When the condemning authorities’ appraisers do not have enough money budgeted to appraise your property, they may, unintentionally, or intentionally, make poor assumptions or mistakes.
• Unfortunately, sometimes the governmental entities make it a condition of hiring a certain appraiser that the appraiser reach certain results. Or, in other situations, the governmental entities instruct their appraisers to ignore certain categories of compensation that the Constitution requires the same government to pay.
• Although very rare, Matt has also encountered cases where right of way agents working for the government have bonuses that depend on how many parcels they are able to close without the need to take the case through the full condemnation process. Obviously, this is reprehensible.

Clearly, appraisers working for the condemning entity are not on your side—although they sign certifications swearing to be impartial. To protect your property rights, including your right to adequate compensation, you should hire the very best eminent domain lawyer you can to guide you on the steps to take to defend your rights.

Appraisers hired by the government do not know your property like you do. They may not realize the great impact the taking and resulting loss of your property will have. And in some instances they may be instructed to ignore it. Furthermore, appraisers hired by the government may not know the full scope of the planned project. If their condemnation notice is regarding just a portion of your property, they may not realize that losing that particular piece of land may cut you off from your water supply, utilities, or that is will make it impossible for you to comply with ordinances and regulations that govern your property long after the taking is done.

You Need An In-Depth Understanding Of The Future Impact That The Taking Will Have On Your Property

Unlike most (maybe all) other eminent domain and condemnation lawyers in Texas, Matt has a civil  engineering degree. He worked in the engineering field for approximately two years before and while in law school. Matt exceled in the engineering program at Texas A&M, consistently one of the top engineering schools in the United States. Matt loves practicing in the area of eminent domain and condemnation for landowners is because it allows him to use his engineering brain while also practicing law to help landowners.

Are there any unanticipated impacts that will befall your property? Will your property still comply with the controlling ordinances in your area? Does the government promise you to not enforce its ordinances that control your property only to reduce the amount of compensation that the condemning authority has to pay, only later to follow the law when its too late to obtain compensation? These and other critical questions deserve your attention when eminent domain enters the conversation. You need the input of a trusted, experienced, and knowledgeable legal professional before you agree to a settlement offer from a condemning authority.

If you are reading this before you have responded to a condemnation order, that is so much the better. Matt urges you not to converse on your own with appraisers or others involved in the condemnation process. He has heard tales of woe when misquotes from landowners hurt their cases. He has had non-clients say they wished they had not tried to do it on their own. Staying silent and getting an experienced eminent domain attorney to assist you is the best way to protect your interests at this time.

Get In Touch With An Eminent Domain Lawyer You Can Trust

Matt Hurt was educated and worked as a civil engineer before becoming a lawyer. With more than 20 years of experience in private law practice, he has the knowledge and skills you need to confront the challenge you are facing now.

To schedule a consultation regarding a condemnation notice, call 214-302-0557 or send an email inquiry.