Texas Eminent Domain Frequently Asked Questions

The power to take private property for a public use on payment of adequate compensation. Article I Section 17 of the Texas Constitution states the principle and Chapter 21 of the Property Code sets out the procedure.

The legal proceeding through which the power is exercised. The terms are often used interchangeably, but strictly eminent domain is the power and condemnation is the case.

You can decline an offer. If the entity holds the power and follows the procedure it may file a petition, and the case then decides the amount rather than whether the taking happens.

A plain language document prepared by the Office of the Texas Attorney General that must be delivered to the owner with the initial offer.

The state, counties, cities, school districts, water districts and similar bodies, together with certain private entities the Legislature has authorised, including common carrier pipelines and electric utilities.

Certain authorised private entities can. Whether a particular company qualifies for a particular project can be challenged.

A pipeline that transports product for the public rather than only for itself. Under Texas Rice Land Partners v Denbury Green Pipeline, checking a box on a permit form does not establish it. There must be a reasonable probability the line will serve one or more customers who retain ownership of the product.

Public use and necessity are questions separate from value and are raised at a different stage. Whether the facts support a challenge is a matter for a Texas attorney.

Under section 21.0113 there must be an initial written offer, then a final offer 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 to respond.

Three commissioners appointed by the court under section 21.014 hear evidence on value and file an award. It is not a trial and the rules of evidence are applied loosely, but the award matters.

Under section 21.018, on or before the first Monday following the twentieth day after the commissioners file their findings with the court. It is the most important date in a Texas condemnation.

A timely objection vacates the award and the matter proceeds as an ordinary civil case, tried before a judge or a jury.

Depositing the commissioners award with the court allows the entity to take possession while the case continues, so construction often begins before the final amount is decided.

It varies. Route study and appraisal can run for months or years, negotiation commonly several months, and a case tried after an objection considerably longer.

By market value, for the highest and best use the land could lawfully be put to. On a partial taking, by comparing the value of the whole tract before with the value of the remainder after.

The Texas measure for partial takings. The value of the entire tract immediately before the taking, less the value of the remainder immediately after with the project in place.

The loss in value to the land you keep, caused by the taking or by the project built on the part acquired. On working land they are frequently larger than the value of the acres taken.

Not in every case. On a partial taking of a ranch, farm or commercial site an independent appraisal is often what changes the number.

Texas is narrower here than several other states and the position is fact dependent. Confirm it with a Texas attorney rather than assuming it applies.

Fee recovery in Texas condemnation is narrow and depends on the circumstances. Do not assume it applies without confirming the position.

A purchase transfers title. An easement leaves you holding title while granting a right of use over a defined strip, usually permanently, with restrictions on what you may do there.

Yes, and it remains part of your property. What you may do on the strip is set by the easement document.

Frequently. Width, route, crossings, depth, repair, restrictions and future line rights are all terms, and on working land they often carry more value than the payment.

Only if the document permits it. Future line rights are a standard clause worth addressing before signing.

A right to occupy a working area alongside the permanent strip during construction, compensated for its duration plus any damage left behind.

Land value is only part of it. On a partial taking, damage to the remainder often exceeds the value of the acres in the strip.

That is a central remainder question. Document the water system and the pastures each source serves before construction begins.

Repair obligations are an easement term rather than a legal default. Specify the standard, the timing and who inspects the work.

Timing is negotiable, and raising it before the schedule is set is far more effective than raising it afterwards.

Ordinary cultivation is often permitted while building, deep ripping and tree planting usually are not. The document controls.