Land Use & Zoning

Land Use Restrictions & Zoning issues have two very different applications in condemnation law:

A) Appraisal Issues

Reasonably foreseeable Highest and Best Use is the measure for valuation of land taken in Texas condemnation proceedings. Current or reasonably foreseeable Zoning or other land use restrictions affect the legally permissible use.

In areas where and Zoning or other land use restriction, such as deed restrictions, easements, development restrictions or permits, long term leases, certain mineral or water rights, etc., are applicable, they can have substantial positive or negative impact upon valuation of use allowed, even if only a part of the land is condemned. In cases involving Partial Takings, the acquisition may have some subtle impact that should be evaluated.

B) Regulatory Takings

Zoning is a governmental act that limits an owner’s use of their property. There is a developing body of caselaw and legislation that may determine whether a particular restriction is so restrictive that it oversteps the permissible level of restriction. Such restrictive action may be so harmful as to constitute a compensable taking that can be pursued as an Inverse Condemnation.

Eminent domain describes the power to condemn land for a public purpose while providing the owner with adequate compensation.

Land use and zoning are important to determining the value that your land is worth both before and after a taking, and may be significant factors in determining the amount of compensation to which an owner is entitled by law.

How to determine what your land is worth

Determination of a property's value should involve not only its current use, but also the reasonable foreseeable uses to which it may be put.

Avant & Mitchell, LP
1301 Nueces St. Suite 200
Austin, TX 78701

T: 512-478-5757
F: 512-478-5404
Toll Free: 877-812-4263