Land / Eminent domain

When someone wants your land.

Sometimes the government can take private land, or an easement across it, for a public use. It has to pay you for it. Private companies granted that power, like a pipeline, utility, or railroad, can do the same. The process is called condemnation, and the power is eminent domain. You usually can't stop a legitimate public-use taking. But you have real rights, and you can make sure you're treated fairly and paid fully.

Your rights in a taking

Texas spells these out in the Landowner's Bill of Rights:

• +Your property can be taken only for a public use. Only a government body or a legally authorized entity can take it.
• +They must notify you, give you the Landowner's Bill of Rights, and provide a written offer. They must also share any appraisals they have.
• +You're entitled to adequate compensation. That means the value of what's taken, plus damages if your remaining property loses value.
• +You don't have to accept the first offer. You can negotiate and hire your own appraiser and attorney. If you can't agree, a 'special commissioners' hearing sets the price; the commissioners decide only the amount. Either side can then object and take the case to a judge or jury. There you can challenge the compensation. If you believe the taking itself is improper, you can also challenge the right to condemn.
• +For pipeline and transmission easements, private condemnors must also give you an addendum. It explains which easement terms you can negotiate.