Glossary
The terms a Texas landowner meets in a condemnation, defined plainly, with a link to the page that explains each one properly.
What Article I Section 17 of the Texas Constitution requires when property is taken. Measured in money, at market value.
Just compensationThe Texas measure for a partial taking. The value of the whole tract before, less the value of the remainder after with the project in place.
Partial takingThe offer requirements in section 21.0113: an initial written offer, a final offer at least thirty days later supported by a certified appraisal, at or above that appraisal, with fourteen days to respond.
Received an offerA pipeline that transports product for the public rather than only for itself. The Denbury standard governs whether the status is established.
Government authorityThe legal proceeding through which the power of eminent domain is exercised.
CondemnationThe entity exercising the power. It may be governmental or an authorised private company.
Project typesA right to use land belonging to someone else, for a defined purpose within a defined area, recorded against the title.
EasementsThe power to take private property for public use on payment of adequate compensation.
Eminent domain in TexasThe price the property would bring from a willing buyer to a willing seller, neither under compulsion.
Fair market valueThe most productive lawful use the property could be put to, which is the use it is valued for.
Fair market valueThe first formal offer, which must be accompanied by the Landowner Bill of Rights.
Received a noticeA claim brought by the owner when a public project damages or takes property without a condemnation case having been filed.
Loss of accessA plain language document prepared by the Office of the Texas Attorney General that must accompany the initial offer.
Property owner rightsAn acquisition of part of a tract rather than the whole, valued by the before and after method.
Partial takingAn easement running with the land indefinitely, binding future owners.
Permanent easementsThe filing that begins a condemnation case in the county where the property lies.
CondemnationThe loss in value to the remainder caused by the taking or by the project built on the part acquired.
Remaining propertyThe land or interest an entity acquires to build and maintain a road, line or facility.
Highway projectsThree local landowners appointed by the court under section 21.014 to hear evidence on value and file an award.
CondemnationLoss in value caused by separating part of a tract from the whole. In Texas it is captured within the before and after difference.
Remaining propertyA right to occupy a working area alongside the permanent strip for the construction period only.
Temporary easementsStart with your situation
Learn what the notice may mean and what information you may want to review.
ExploreSituation 02Understand how property acquisition through eminent domain may begin.
ExploreSituation 03Explore questions related to property valuation and compensation.
ExploreSituation 04Learn about issues property owners may consider when they disagree with an offer.
ExploreRelated resources
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Start from the term that brought you here and follow it to the page that explains it.