Land / Eminent domain

When someone wants your land.

Sometimes the government - or a private company like a pipeline, utility, or railroad that's been granted the power - can take private land (or an easement across it) for a public use, paying you for it. 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, and only by a government body or a legally authorized entity.
• +They must notify you, give you the Landowner's Bill of Rights, and provide a written offer (and disclose appraisals they have).
• +You're entitled to adequate compensation - 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, and either side can appeal to a court or jury - but those decide the amount, usually not whether the taking happens.
• +For pipeline and transmission easements, private condemnors must also give you an addendum explaining which easement terms you can negotiate.