The state of Texas goes to great lengths to secure and protect the rights of its property owners. Unlike many other states, Texas has a history of seizing private property only as an absolute last resort. Whether they live in densely populated cities or on arid homesteads, the state's inhabitants can count on fair, comprehensive hearings in the event that their properties are earmarked for public use.
The Texas Landowner Bill of Rights is a key document that outlines the protocols under which the state may seize private property as well as the protections that affected homeowners enjoy.
What's in the Texas Landowner Bill of Rights?
Like the U.S. Constitution's Bill of Rights, the Texas Landowner Bill of Rights has 10 provisions that follow the proscriptions of Texas Government Code Sec. 402.031 and Chapter 21 of the Texas Property Code. Highlights include:
- Property can only be seized by government agencies or approved private entities for public use.
- Landowners must be properly notified of and compensated for all seizures.
- All seizures must be preceded by good-faith attempts to purchase the property outright.
- All affected property owners are entitled to professional appraisals as well as legal representation and full hearings.
- As a last resort, affected landowners may bring cases to trial before a judge and jury.
What Is Eminent Domain?
In Texas, most seizures of private property occur under a broadly defined framework known as "eminent domain." Until relatively recently, eminent domain was the sole province of government agencies like transportation authorities and public works departments. Typically, these entities would seize properties that stood in the way of a planned road, railway or pipeline.
In 2005, a landmark U.S. Supreme Court decision changed this calculus. It's now somewhat common for for-profit companies and quasi-private development agencies to seize "blighted" private properties for commercial redevelopment. While this most often occurs in low-income urban neighborhoods, it's not unknown in less densely populated areas as well. In light of Texas's strong legal protections for private property owners, this practice remains uncommon in the Lone Star State.
Initial Steps: Condemnation and Appeal
If a landowner refuses to vacate his or her property on a voluntary basis, the state or local agency responsible for seizing it will begin condemnation proceedings. Before making a good-faith offer to purchase the property, the agency must provide the landowner with a copy of the Texas Landowner Bill of Rights. The purchasing party must also provide the landowner with information about recently conducted appraisals. The landowner is permitted to seek a second opinion from a qualified appraiser or discuss the matter with a legal representative.
Hearings and Special Commissioners
If the landowner refuses any attempt to purchase the property, the agency must file a formal condemnation claim. This document contains important pieces of information, including:
- The name of the landowners
- The location and description of the property
- An affidavit that the landowner and agency could not agree on a fair purchase price
- The public use for which the property is being seized
Once the claim has been filed, the judge who oversees the case will set up a "special commission" of three local landowners to discuss the case and determine fair compensation for the property. The affected landowner will be notified of the compensation hearing and encouraged to attend. It's crucial to note that the commissioners lack the authority to rule on the merits of the condemnation itself. Only a judge can do this.
Awards, Objections and Dismissals
After the special commission completes its investigation, it will announce an award for the seized property. The landowner can either accept this award or file a written appeal in civil court. If the appeal can't be settled through mediation, a full trial before a judge and jury will result. In the best-case scenario, the judge or jury will find grounds for dismissal of the eminent domain seizure. However, such reversals are rare. In most cases, the trial simply results in the confirmation of a specific award amount.
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