Eminent Domain and Residential Property in Texas

Common residential concerns

• Setback lost, so the house sits closer to the road than the zoning contemplated.
• Driveway relocated, regraded or narrowed.
• Mature trees, fencing, irrigation and landscaping removed.
• Noise, headlights and exposure where a garden used to be.
• A remainder too small to rebuild on if the house were lost.

What a partial take does to a home

Texas measures it by the before and after method: the value of the whole property before, against the value of what remains after, with the road or line in place. A strip along the frontage may be a small fraction of the lot and still move the after figure substantially.

Valuation questions

• Which comparable sales were used, and how were they adjusted?
• Was the remainder valued with the project in place?
• Were trees, fencing, irrigation and paving accounted for?
• Does the remainder still meet setback and lot size requirements?
• Has the driveway or garage access changed?

Access, driveways and grade

A relocated or regraded driveway is one of the most common residential impacts. So is a change in the elevation of the road relative to the house. Both affect what a buyer would pay and both belong in the after value.

Easements across a lot

A utility or pipeline easement leaves you holding title while restricting what you may build, plant or store on the strip. On a suburban lot that can remove a pool site, a shop or an addition, and the restriction runs with the land.