Texas Landowner’s Bill of Rights 2024 – All You Need to Know

Owning property or land can be one of the most rewarding ventures a person can undertake. Therefore, it can be disheartening if someone or an entity comes along to take your hard-earned property. If you are a property owner in Texas, and this happens to you, you may want to know your rights. Luckily, the Texas Landowner’s Bill of Rights thoroughly outlines the rights of property owners, ensuring they are adequately compensated by entities who may try to take it.

The Texas Landowner’s Bill of Rights provides several protections for Texas property holders, so it is critical to learn everything you need to know to protect yourself as a Texas landowner. If you are having trouble understanding any part of this Bill of Rights, or if you think your property is at risk of being taken or condemned, you may want to hire an attorney to help you make sense of the details.

What Is the Texas Landowner’s Bill of Rights?

As a property or landowner, you are probably aware of the responsibilities you may have in caring for your property. There are laws regarding building a fence, keeping your lawn unkempt, and paying utilities and other fees. There are also rewards to owning property. You can build a home for your family to enjoy, grow a profitable farm, or own and run a business.

However, a governmental body or a private entity may try to take or condemn your property. If you are faced with this situation, you can refer to the Texas Landowner’s Bill of Rights, which outlines your rights as a property owner if someone tries to take your property.

What Are My Primary Rights as a Texas Landowner?

In total, there are 10 rights defined in the Texas Landowner’s Bill of Rights. Before examining these rights, it is important to know how and why property can be taken in the first place. In Texas, and many other states, there is a concept called eminent domain. Eminent domain is when certain entities are legally authorized to take private property for public use.

If this occurs, you have rights. To start, you must be adequately compensated for your property. The governmental or private entity must also be legally authorized to take your property. Furthermore, the property can only be taken for public use. Public use means for the public good, not for economic development or tax revenues.

Other key rights outlined in the Bill of Rights are as follows:

• You must be notified beforehand by the entity who wants to take your property.
• You and the party proposing to take your property must have an appraisal to determine the value of your property.
• The entity that wishes to condemn your property must make a bona fide offer on the property before filing a claim to take it.

There are several other rights outlined in the Bill of Rights to help you navigate the process should you find yourself in this situation. One of these includes hiring a lawyer to negotiate with the entity proposing to take or condemn your property. This is important since you want to get the most value for what you own.

How Does the Texas Landowner’s Bill of Rights Protect Me?

No one wants to deal with the hassle of having their land or property taken. However, certain entities are sometimes legally authorized to take property if it is for the public good. For example, the Dallas Cowboys used eminent domain to build its stadium. Another example occurs when the government uses eminent domain for utility companies to install pipes, lines, or poles. These are both examples of property being taken for the public good.

Still, you have a voice in this matter. You have rights as a property owner to decide if your property can legally be taken and, if it can, how much you will be compensated. The Texas Landowner’s Bill of Rights protects you from having your property taken illegally and by unauthorized entities. It also ensures adequate and fair compensation for any trouble you may face because of the situation.

FAQs

What Are Landowner’s Rights in Texas?

In Texas, landowners have several rights that protect their property. Under eminent domain, legally authorized entities can condemn or take property from its owners. However, those owners have the right to be adequately compensated and notified. The property must also be appraised, and it can only be used for the public good.

What Is the Property Owner Rule in Texas?

Part of the stipulations for condemning a property in Texas is that the owner must be adequately compensated. To do this, both parties must agree on the value of the property. This is why the owner and potential taker of the party must get an appraisal. In Texas, property owners can give fair testimony of their opinion about the market value of their property because they are personally familiar with it.

Will I Be Reimbursed for Relocation Costs If My Property Is Condemned?

In short, possibly. You may be reimbursed for reasonable expenses incurred as a result of your business or personal residence being relocated. It is important to note that, in Texas, reimbursement for relocation is limited to the market value of the property. Also, the reimbursable moving costs can only apply if the move is within 50 miles.

Can Squatters Claim Ownership in Texas?

In Texas, there is a concept called adverse possession, which can enable a stranger to gain legal title over a property owner’s land. This most often applies to neighbors, who may claim rights to their neighbor’s land after mowing the lawn for extended periods of time, for example. However, this can also apply to a squatter who takes residence in an abandoned home.

Contact a Condemnation and Eminent Domain Attorney Today

Owning property in Texas is full of rewards and responsibilities, but it is also important to be aware of your rights as a Texas landowner if someone is attempting to take your property. At Alagood Cartwright Burke PC, our board-certified attorneys can assist you with understanding your rights as a Texas property owner. Contact us today to learn more.