How Condemnation Claims Work in Texas? 2025

Condemnation is the legal process through which the government is able to acquire private property for public use. It can be an extremely upsetting experience for property owners who are not prepared or do not desire to give up their homes at this time. However, it is the right of the government to enact this power for public necessity. Understanding how condemnation claims work in Texas is crucial to protecting your rights and ensuring you receive an appropriate amount of compensation. If you’re seeking guidance, a skilled Denton eminent domain attorney can help you navigate this complex process and protect your property rights.

The Condemnation Process

Once enacted, the condemnation process can be complicated and time-consuming. The process is made up of a series of steps that must be satisfied for the transaction to be legally sound. Understanding these steps can help you better collaborate with your lawyer and ensure that no one tries to take advantage of your rights in the process.

The steps of the condemnation process include:

Initiation of the Condemnation Action

First, the government agency must formally initiate the condemnation action by filing a legal claim with the applicable court. Within this claim, they must outline the exact nature of the public’s need to acquire this private property and develop some form of public value. If there is not a clear public need legally recognized through the power of eminent domain, the court could deny the request at this step. If not, the process will move forward.

Services of Process

After initiating the process, the government will serve the property owner with legal documents that notify them their property is under condemnation action. These documents should help the property owner by outlining their rights and obligations throughout the situation.

The condemnation process involves the following phases:

• Identification of property: Government agencies, such as transportation departments, utility companies, or other local municipalities, will identify the specific properties necessary for their public project. This can be done by conducting different surveys of the area, appraisals, and environmental assessments.
• Negotiations: As part of the condemnation process, the government agency attempting to collect the property will begin to negotiate a fair price for the property with the owner. These negotiations involve discussions about how much their appraisals deem the property worth, the potential impact this could have financially on the property owner, and if there is an opportunity for the government to assist with their relocation.
• Condemnation Suit: If the property owner is not receptive to what is going on or believes the government is overstepping their rights, the government may issue a claim to advance the matter to court. This will officially initiate legal proceedings to acquire the property.

Key Considerations for Property Owners

It’s important for property owners impacted by eminent domain and the condemnation process to understand their roles and responsibilities. If this is happening to you, you should:

• Consult with legal counsel: One of the most important things you should do if you have been alerted that the government wants to possess your property is to hire legal representation. An attorney experienced in this space can help fill in your knowledge gaps on the issue, supervise the entire process, and ensure no one takes advantage of your rights as a property owner in Texas.
• Obtain an independent appraisal: While the government will likely present a reputable appraisal, it’s important to secure your own as well. Work with your attorney to engage a qualified, unbiased appraiser to also assess your property’s fair market value. If there are any disparities between yours and the government’s, this should be shared in court for consideration from the judge.
• Document all damages: Your attorney can help you document any potential damages that will result from losing your property. This can include loss of access or value to the remaining property, relocation expenses, and any other impacts this might have on your property or business. Sometimes, the government needs to compensate a property owner for more than just the value of their home, as the condemnation process may have a ripple effect of other damages.

FAQs About Texas Condemnation Law

Q: What Happens to Tenants When a Property Is Condemned in Texas?

A: When someone is notified that their property is being condemned in Texas, they have a number of rights to enforce. Texas requires tenants to be given adequate notice of the commendation and a reasonable time to move. If someone is trying to force you out of your home on the same day or even within a week, this can be challenged in court. In some cases, the tenant may also seek financial assistance for relocation through a legal claim.

Q: What Is the Difference Between Uninhabitable and Condemned?

A: While both terms relate to properties that have been deemed unsuitable for someone to occupy, there is an important distinction between them to consider. The term “uninhabitable” is used when a piece of property lacks essential living conditions. These conditions include adequate heat and running water.

On the other hand, “condemned” refers to property that has been legally declared unfit for habitation by an official government authority, likely due to health or safety hazards.

Q: What Is the Process of Condemnation Associated With?

A: Condemnation is commonly associated with the government’s power to execute eminent domain. This is the right of the government to take private property from an individual for public use, as long as there is an organized and thoughtful justification for how the public will benefit from this transaction. When this happens, condemnation proceedings happen to ensure the property owner’s rights are upheld, and they are adequately compensated for the inconvenience.

Q: What Are Some Common Defenses Used by Property Owners in Condemnation Cases?

A: There are many different defenses a property owner might take when their property is being targeted through eminent domain. For instance, the property owner might challenge the notion that the government wants their home for appropriate public use. To do this, they should work with a lawyer to provide evidence that suggests the government does not have a sufficiently compelling need for the property. They can also challenge how much it was appraised for.

Contact Alagood Cartwright Burke PC Today

If you have recently been notified by the government that your property is wanted under eminent domain, Alagood Cartwright Burke PC can investigate the details of this request and ensure no one unlawfully takes your property or attempts to offer you less than you deserve. Contact us today to protect your right to fair compensation.