Schedule A Consultation
Schedule A Consultation
If the government wants to take your property in Houston, you have important legal rights. This process is called eminent domain, and while the government can force you to sell your land for public projects, they must follow strict rules and pay you fair compensation.
Property owners often feel powerless when facing government condemnation, but Texas law provides strong protections. Understanding your rights can help you get the compensation you deserve and protect your interests throughout the process.
At Pathways Property Lawyers, our Houston real estate attorneys help Texas individuals and families when their property is facing eminent domain. We can review your case and help you uncover strategies for protecting your future and your family.
Eminent domain allows government entities to take private property for public use. In Houston, this commonly happens when the city needs land for highway expansions, new schools, water treatment facilities, parks, or public transportation projects. Sometimes utility companies also use eminent domain to install power lines or pipelines.
The government cannot simply decide it wants your property and take it. They must prove that the taking serves a legitimate public purpose and follow specific legal procedures established by Texas law.
All of these have eminent domain authority in Texas. Each entity can only use this power for projects that serve its specific public mission.
Texas law gives property owners several important protections during eminent domain proceedings. The most fundamental right is just compensation guaranteed by both the U.S. and Texas Constitutions.
You must receive fair market value for your property. Just compensation includes the market value of your land and improvements, plus damages to any remaining property if only part is taken. If the government action makes your property harder to reach or less valuable, you can claim compensation for loss of access. Business owners may also recover special damages like moving costs.
The government’s first offer is often too low. You have the right to challenge their appraisal and demand proper compensation through the legal process.
The government must follow specific legal steps before taking your property. This process begins with initial contact and negotiation attempts, followed by filing a formal condemnation petition in court. The court then appoints special commissioners who hold a hearing to determine compensation. Only after this process can the government obtain a final judgment and transfer of property ownership.
You can participate in each step and challenge the government’s actions if they fail to follow proper procedures. This protection ensures you cannot lose your property without a fair legal process.
You can hire a Houston real estate attorney at any point in the eminent domain process. Many property owners benefit from legal help because government appraisals often undervalue properties, legal procedures are complicated, and attorneys frequently negotiate better settlements. In some cases, you may even recover your attorney fees.
The condemning authority will typically contact you first to discuss purchasing your property voluntarily. They may send letters requesting meetings, make initial purchase offers, request access to appraise your property, or explain their public project. You are not required to sell voluntarily, but this stage offers the best opportunity to negotiate favorable terms.
If voluntary negotiations fail, the government files a condemnation lawsuit naming you as a defendant. This legal action describes the property being taken, states the public purpose, and estimates the amount of compensation. You have the right to respond and challenge both the taking and the compensation offered.
Texas law requires the appointment of three special commissioners to determine just compensation. These commissioners must be disinterested landowners from the county who hold a hearing where both sides present evidence. They make an award decision within specific timeframes and consider market value and damages to your property.
You can present your own appraisal evidence and witnesses at this hearing. This is often where property owners can significantly increase their compensation by providing better evidence of their property’s true value.
Many Houston property owners hurt their cases by accepting the first offer without question. Government appraisals often undervalue property, so getting your own professional appraisal before agreeing to anything is crucial.
This is why it is valuable to hire an experienced Houston real estate lawyer immediately. Legal deadlines are strict in eminent domain cases, and early legal advice can protect your rights and improve your outcome significantly.
When choosing the best attorney for your case, ask about their experience with eminent domain cases and their success rate in increasing compensation. Find out if they work with qualified appraisers who can help you get the best value for your property.
Government condemnation can be overwhelming, but you have legal protections under Texas law. The key is understanding your rights and getting professional help when needed.
If Houston or another government entity wants to take your property, do not accept their first offer without investigation. Contact an experienced eminent domain attorney at Pathways Property Lawyers who can evaluate your case and fight for fair compensation.
Our Houston real estate lawyers are ready to help you through whatever comes next. Call Pathways Property Lawyers at 832-364-6234 or fill out our confidential contact form to learn more about your legal options.
Thomas H. Smith III was born and raised in Arlington, Texas. He graduated from Texas A&M University in 2002 with a degree in Chemistry and a minor in Mathematics. He then attended the University of Houston Law Center where he served as an Articles Editor for the Houston Journal of International Law.
Tom began working at Roger G. Jain & Associates as a clerk in February 2004. When he graduated from UH Law Center in 2005, he continued here as an attorney, where he has worked through today. He is a trial lawyer, whose insight, analysis, and attention to detail have helped the firm obtain its favorable results. Read more here.
At Pathways Property Lawyers, our Houston attorneys are here to answer all your legal questions and help you protect your rights regarding personal, business, commercial or investment properties. Call us or fill out our confidential contact form to learn more about your legal options.
Our law firm has considerable experience in Texas real estate law. We advise our clients on issues related to real estate transactions and litigation throughout Southeast Texas. In addition to real estate, our Houston lawyers have experience in other related areas of law, such as family law, business law, estate planning and probate. This allows us to assist clients with all related legal issues, and to take an holistic approach to your specific matter.
The faster we hear from you, the faster we can strategize.
To schedule a free Zoom or in-person consultation,
call 832-364-6234 or complete our contact form
