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Texas Eminent Domain Resources

Has Your Property Been Affected by Eminent Domain in Texas?

Understand the eminent domain process in Texas, explore property owner rights, and learn about issues that may affect property, access and compensation.

Property Code cited by sectionChapter 21
Written for landownersPlain language
Every county in Texas254 counties
SUBJECT TRACT 50 FT EASEMENT
Fig. 1 — Pipeline alignment across a Texas tractNot to scale

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What Is Happening With Your Property?

Select the situation that best describes where you are in the process.

Project types

What Type of Project Is Affecting Your Property?

In Texas the entity behind the project matters as much as the project itself. A pipeline company, a utility and TxDOT each acquire land differently.

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Property types

What Type of Property Is Affected?

A quarter acre lot and a four thousand acre ranch raise different questions. Start with the category that fits yours.

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Your rights

Understanding Your Rights as a Texas Property Owner

Texas gives landowners a set of procedural protections that begin before an offer is ever made. The Landowner Bill of Rights, prepared by the Office of the Attorney General, must accompany the initial offer, and Chapter 21 of the Property Code sets out what must happen next.

Explore Property Owner Rights
01

Notices and Information

The Landowner Bill of Rights, the initial written offer and what must accompany them.

02

Property Value

The certified written appraisal that must support a final offer, and your own.

03

Compensation

The part taken, damages to the remainder, and what the commissioners may award.

04

Easements and Property Rights

What an easement grants, what it restricts, and the terms that are negotiable.

Texas landowners

Resources for Texas Landowners

Land acquisition and infrastructure projects raise different issues for large properties, ranches, farms and rural land. Acreage, access, water and the shape of what remains usually matter more than the strip itself.

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Compensation

Understanding Compensation and Property Value

In Texas, compensation for a partial taking is measured by the before and after method: what the whole tract was worth before, against what the remainder is worth after.

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The process

Understanding the Texas Eminent Domain Process

Most Texas acquisitions pass through the same seven stages. Some resolve at the offer. Others run to a special commissioners hearing and beyond.

Step 01

Property Identified

An entity plans a project and identifies the tracts it needs.

Step 02

Initial Contact

A right of way agent makes contact and asks for survey permission.

Step 03

Property Evaluation

An appraiser values the part sought and the effect on the remainder.

Step 04

Notice or Offer

The initial written offer arrives with the Landowner Bill of Rights.

Step 05

Negotiation

A final offer follows, supported by a certified written appraisal.

Step 06

Condemnation Proceedings

A petition is filed and special commissioners hold a hearing.

Step 07

Resolution

The award stands, or a party objects and the case goes to court.

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Project impact

How Projects Can Affect Property

Eminent domain is rarely just about losing ground. The chain below is where most of the value sits, and where most offers fall short.

Stage 01

Project

A pipeline, line or roadway is routed across the county.

Stage 02

Property

Your tract sits on the alignment, in whole or in part.

Stage 03

Access

Gates, drives and crossings move or disappear.

Stage 04

Property Use

Grazing, cultivation, building and future plans change.

Stage 05

Property Value

What the land is worth before and after is no longer the same.

Stage 06

Compensation

The difference between those two figures is the question.

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Resources

Latest Texas Eminent Domain Resources

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Common questions

Frequently Asked Questions

Who can exercise eminent domain in Texas?

The power belongs to the state, counties, cities, school districts and other governmental bodies, and it also extends to certain private entities that the Legislature has authorised, including common carrier pipelines and electric utilities. Whether a private company genuinely qualifies is a question that can be tested. The Texas Supreme Court set the standard in Texas Rice Land Partners v Denbury Green Pipeline in 2012.

What happens if only part of my property is acquired?

Texas uses the before and after method. Compensation is the value of the whole tract before the taking, compared with the value of the remainder after it, taking account of the project as it will be built. That difference captures both the strip taken and the damage to what you keep.

Can a pipeline company acquire an easement across my land?

A pipeline company that qualifies as a common carrier can condemn an easement. Common carrier status is not established by ticking a box on a permit form. Under the Denbury standard there must be a reasonable probability that the line will serve the public by transporting product for one or more customers who will retain ownership.

How is property value considered?

By appraisal. Before an entity may make a final offer under section 21.0113 of the Property Code, it must obtain a written appraisal from a certified appraiser, and the final offer must equal or exceed that appraisal amount. Landowners commonly obtain their own appraisal as well.

What happens when a property owner disagrees with an offer?

If negotiation does not produce agreement, the entity files a petition and the court appoints three special commissioners, who hold a hearing and make an award. Either party may object to that award. The objection is due on or before the first Monday following the twentieth day after the commissioners file their findings, and a timely objection converts the case into an ordinary lawsuit.

What is the difference between an easement and a property acquisition?

An acquisition transfers title, so the land is no longer yours. An easement leaves you holding title but gives the other party a right to use a defined strip, usually permanently, with restrictions on what you can build, plant or store there. The compensation analysis differs, and so do the terms worth negotiating.

What is a bona fide offer?

Section 21.0113 requires an initial written offer, then a final offer made on or after the thirtieth day following it, supported by a written appraisal from a certified appraiser, in an amount equal to or greater than that appraisal, with at least fourteen days for the owner to respond. Failing these steps has consequences for the condemnor.

Do I have to allow a survey of my land?

Entities commonly request permission to enter and survey before making an offer. The terms of that entry, including timing, scope, notice and repair of any damage, are frequently negotiated rather than simply granted.

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Next step

Understand Your Property Situation Before Taking the Next Step

Explore Texas specific resources based on your property type, the project affecting it, and the stage of the process you have reached.

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