Eminent Domain

Know Your Rights

U.S. Constitution, 5th Amendment:

“…Nor shall private property be taken for public use, without just compensation”

Art. 1, §17, Texas Constitution of 1876:

“No person’s property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made…”

If you’ve been contacted or otherwise informed your property is to be taken through eminent domain, get a lawyer as soon as possible. Review the condemnation process on this page, and do not accept the first offer.

  • In Texas, just compensation includes:

    1. The fair market value of the property being taken as of the date of take

    2. Any damages to the remaining property due to the taking

    3. Cost to cure

    Determining fair market value involves three recognized methods:

    1. The Cost Approach. This looks at rebuilding costs, minus depreciation and plus land value.

    2. The Income Approach. This is based on the property's earning potential.

    3. The Comparable Sales Approach. This uses recent sales of similar properties to determine value.

    Landowners have the right to consider the land's highest and best use, considering factors like legal permissibility, financial feasibility, physical possibility, and maximum productivity, during the fair market value assessment.

  • It should explicitly be from TxDOT, not from another agency (for example, Atkins). If you have questions, e-mail us a photo at stoptxdoti45@gmail.com and we will help you figure it out.

  • Contact a lawyer as soon as possible and begin to learn the condemnation process. The resources on this page are a great place to start.

  • Yes! If your property is affected you can always request a meeting with TXDoT. Be sure to clarify that you’re not requesting that your land be acquired, you are requesting to talk about it. The best person to contact is Raquel Lewis: raquelle.lewis@txdot.gov

  • We are still working to figure out exactly how you can access required relocation rights if you are a renter. A first step is having a lease. If you don’t have a lease, e-mail stoptxdoti45@gmail.com and we will help you with that.

FAQ

Specialized Lawyers

All three of these lawyers are eminent domain specialists who we have vetted. We cannot promise they will be able to take on your case, but they are a good place to start.

Brandon Cofield

brandon@cofieldlawfirm.com
cofieldlawfirm.com

Graham Taylor

gtaylor@mehlaw.com
Marrs Ellis & Hodge LLP

Alejandra Galvan

agalvan@mehlaw.com
Marrs Ellis & Hodge LLP

  • Once the project has been approved, the government identifies necessary properties, called "parcels," that can include land, buildings, and assets. Texas law permits entities like TXDoT to access properties for surveys and land selection purposes. Property owners can choose to sign Right of Entry Agreements, which restrict the condemning entity's rights and safeguard landowners during their presence. Declining to sign may prompt the entity to seek a temporary restraining order to prevent interference.

  • A written, bona fide offer must be made to property owners, including a 30-day response window, a certified appraiser's valuation, and a final offer equal to or exceeding this appraisal value. The final offer should also provide copies of relevant property documents and the Landowner Bill of Rights, with a minimum 14-day response time. Failure to issue a genuine offer may lead to abatement and added legal costs but does not permanently halt the condemnation process.

    An independent appraiser is hired to assess the fair market value of the properties that will be impacted. This appraisal will serve as a reference point for determining compensation during negotiations and legal proceedings.

  • The condemnor files a condemnation petition in court, initiating the formal proceedings. This petition identifies the property to be condemned, the public purpose, and the intended compensation.

    Don’t rely on what if’s: “Mere promissory statements or declarations of future intentions by a condemnor are invalid.”

  • A judge will appoint three special commissioners, paid by the condemnor, who must be landowners in the county and at least 18 years of age. Each party can strike one commissioner, wherein an alternative will be appointed.

  • The Commissioners Hearing process can be formal or informal. Property owners will receive a 30-day notice before their scheduled hearing, after which they have 20 days to formally object. It's important that property owners object and allow themselves to be sued, otherwise they will not be able to negotiate for better compensation. Witnesses may include appraisers, land planners, cost estimators, engineers, and the landowners themselves. The award is determined at the end of the hearing.

  • Once an award issued by special commissioners, landowners have 20 days to object. Consult with an attorney who is familiar with this process.

  • In a trial de novo property owners to request a fresh court hearing to get just compensation, setting aside prior decisions and replacing any previous awards.

    Tex. Prop. Code §21.018(b). states “If a party files an objection to the findings of the special commissioners, the court shall cite the adverse party and try the case in the same manner as other civil causes.”

  • After a jury verdict, any party may appeal the court's judgment and could lead to the involvement of higher-level courts.

The Condemnation Process