Received an Eminent Domain Notice in Texas?

What the notice may mean

Texas entities send several different documents, and owners often use one word for all of them. Read the letterhead and the first paragraph before doing anything else.

• A survey permission request. The entity wants to enter and survey before it appraises. Terms of entry are negotiable.
• An initial written offer. This must arrive with the Landowner Bill of Rights prepared by the Office of the Texas Attorney General.
• A final offer. Made on or after the thirtieth day after the initial offer, supported by a certified written appraisal, with at least fourteen days to respond.
• A petition and hearing notice. The case has been filed and special commissioners have been appointed.

Information to review

• Who sent the notice, and what authority do they claim?
• What property is involved, and is it the whole tract or part?
• Is it a purchase of title or an easement?
• What project is behind it, and who is building it?
• What is being requested of you, and by when?
• Did the Landowner Bill of Rights come with it?
• Is an appraisal referenced or attached?

What to do next

Three steps, in order.

• Understand the project. Find out what is being built, by whom, and where the alignment runs relative to your improvements.
• Review your property information. Deeds, surveys, leases, prior easements, aerial photographs and anything showing how the land is used.
• Understand your options. What is negotiable here is not only price. Width, route, access, repair and restrictions all carry value.

What happens after that

The entity appraises, makes its initial written offer, then a final offer at least thirty days later supported by a certified appraisal. If there is no agreement it may file a petition, and the court appoints three special commissioners to hold a hearing and set an award.