What property owners should know

Important Considerations under Texas Condemnation Law

Under the Fifth Amendment of the U.S. Constitution, the government shall not take private property for the public use without just compensation. As a practical matter, it can and does happen.

Important Property Owner's Rights

The most important thing to know during a condemnation process is that you have rights to contest a government taking. You also have the right to obtain an independent appraisal and should at least consult an attorney who is well versed in condemnation law.

Here are some of the basic questions about condemnation law that we typically encounter:

What amount of money am I entitled to, and can I contest the original offer given by the government?

The State government or private condemnor exercising the power of eminent domain is by law required to pay you fair market value for property taken through a condemnation proceeding. If the taking affects your adjacent land, you may also receive money to compensate you for damages to that property. Not all forms of damage are compensable. Condemnation by the Federal Government employs a different formula.

A property owner that receives an inadequate offer is faced with an adversarial condemnation proceeding against a well-trained team. In practice, an owner must act quickly to obtain the necessary information to evaluate the offer or make their own valuation argument. Our lawyers are available to personally discuss how to determine whether the offer is reasonable.

When should I contact an attorney at Avant & Mitchell?

You are welcome to call us directly at any time to discuss your concerns. If you have not done so before, you should certainly contact an attorney immediately after you get notice of a condemnation proceeding. Under eminent domain laws, property owners have limited periods to evaluate an offer and respond. Failing to contact an eminent domain lawyer may jeopardize your right to full and fair compensation.

You have a right a right to contest a condemnor's offer

Chapter 21 of the Texas Property Code sets out the basics of procedure in a statutory condemnation action in State Court, and the owner’s burden. Some owners successfully represent themselves before the Special Commissioners.

The Condemnor may have an advantage during a condemnation proceeding. It has had months to prepare and professional staff that has familiarity with the processes. Many owners feel that they need someone with that sort of knowledge on their side.

To learn more about condemnation law and the law offices of Avant & Mitchell, contact us today. Call 512-478-5757 to set up a free initial consultation about your case.

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

T: 512-478-5757
F: 512-478-5404