Highway Projects and Eminent Domain in Texas

Project overview

TxDOT acquires right of way for the state highway system. Major programmes such as the North Houston Highway Improvement Project on I 45 and I 35 Capital Express in Austin involve large numbers of parcels along an existing corridor, together with new frontage roads, ramps and drainage.

Property acquisition

Highway acquisition is usually fee title to a strip along the frontage, sometimes with additional drainage or slope easements behind it. The bona fide offer requirements of section 21.0113 apply, and the Landowner Bill of Rights must accompany the initial offer.

Partial takings on frontage

Because the take runs along the front of the property, it lands on exactly the part that carries most of the value: the entry, the parking, the setback and the visibility. The before and after method applies, and the after figure is where the argument sits.

Access changes

• Driveways closed, relocated or narrowed.
• A raised median that removes left turns into the site.
• Frontage roads that change the direction of approach.
• Grade changes that leave the property above or below the road.

The remaining property

After the strip is taken, the questions are practical. Does the site still meet setback? Does parking still work? Can trucks still turn in? Is the building now closer to traffic than a buyer would accept? Each answer moves the after value.