Eminent Domain & Condemnation
For many Texans, your land is your legacy. It supports you, grounds you, feeds you and your family, and provides a source of revenue. Your land may be your life.
So, when the government or another entity announces an intent to take your land under eminent domain and condemnation, it can be distressing. If you have an emotional and personal connection with your land, there is no amount of compensation that may justify giving it over to another.
As a landowner and a lawyer, Dan Gattis understands your feelings. He also understands the law and the rights of property owners in the face of eminent domain and throughout the condemnation process. He is passionate about protecting landowners’ rights because he has been through the process himself, protecting his own family’s ranch, and knows how important these rights are.
If you have been notified your property is subject to eminent domain in Texas, or if you are in the midst of condemnation proceedings, there is no better time to contact the Gattis Law Firm.
The Difference Between Eminent Domain and Condemnation
Although the two terms are related, eminent domain and condemnation are distinct concepts. Both terms involve the taking of private land for a public purpose, but there are important differences.
Eminent Domain
Eminent domain refers to the right of a government — or in some cases, a private corporation — to seize private land for a public purpose. Those purposes may include the building of schools, parks, and public utilities.
Under the U.S. Constitution and Texas Constitution, this power is coupled with an obligation to fairly compensate the landowner. What is considered fair compensation depends on a variety of factors, including the market value of the property and the desired use of the property.
Condemnation
Once an entity decides to use its power of eminent domain, there is a process it must follow. This process is known as “condemnation” — a legal proceeding that ends either with the property owner keeping his or her land or the seizing entity receiving the land in exchange for compensation to the landowner.
Challenging a condemnation proceeding can be successful if the landowner can show that the entity seeking to exercise eminent domain is not doing so for a public purpose. A property owner also has remedies available if the amount offered as compensation is too low.
Finally, a condemnation action can be defeated if the entity trying to take the land does not have the power of eminent domain as a matter of law.
Property Owner Rights and Eminent Domain
While you have rights if the government tries to exercise eminent domain powers, it is up to you to exercise them in a timely manner. You cannot depend on the entity trying to take your property to look after your interests, in spite of how “nice” it may come across when meeting with you at the beginning of this process.
The Gattis Law Firm can help ensure you receive:
Notification of the Government’s Intentions
The government cannot simply show up one day and demand your property. You have a right to be notified with enough time to challenge the action. Throughout the condemnation process, you also have the right to be notified of court hearings about the contested issues.
Just Compensation for Your Property
The government or seizing entity will try to negotiate a fair price with you for your property. But what this entity believes is a “fair” price may not truly reflect the value of your property.
You are not required to accept an offer that is too low or that does not fairly compensate you for the loss of your land. Ultimately, a court may decide what constitutes fair compensation.
A Valid Reason for the Taking of Your Land
Eminent domain only permits the taking of your land for valid public use. You should be told what this reason is, and you can challenge this condemnation through a motion to dismiss.
The window to exercise these and other rights is small, so it is important that you use the services of an experienced and knowledgeable condemnation lawyer. Dan Gattis knows the laws and is committed to protecting the rights of every landowner.
A property owner and rancher himself, he can provide you with powerful and informed advocacy at every step of the process.
The Gattis Law Firm Is Ready to Fight for You
If you have received notice of the government’s or another entity’s intention to take your land under eminent domain in Texas, the Gattis Law Firm can protect your rights as a property owner. Contact us to discuss your options today.
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Landowner Resources
Discover the key elements of eminent domain and condemnation in Texas: government authority, just compensation, and public use requirements. Understand your rights with this free legal guide.
If your property is at risk of being seized, understanding the power behind eminent domain and the process of condemnation is crucial. Find answers to frequently asked questions here.
As a property owner, you have 10 critical rights
- You have the right to fair compensation for land that is taken for public use
- Land can only be taken for public projects
- Only an entity with the power of eminent domain may take your land
- You must be properly notified about the condemnation
- You must be provided with a written appraisal from a certified appraiser
- A bona fide purchase offer must be made before a condemnation petition is filed
- You may enlist your own appraiser to assess the value of the land
- You may enlist a lawyer to represent you
- You are entitled to a special commissioners’ hearing
- You are entitled to trial by judge or jury if you are unhappy with the award.
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As a rancher and landowner himself, Dan Gattis understands firsthand the priorities and problems of private-property owners and shares the deep ties, emotions, and values of families that have lived and worked the land — many for generations.
