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What rights do Texas landowners have during condemnation?

On Behalf of | Jun 23, 2025 | Eminent Domain

When a government agency or private company tries to take your land through eminent domain, the process can feel overwhelming. Texas law sets clear procedures for condemnation and grants you important protections to defend your property and financial interests.

You have the right to receive notice

The condemning party must deliver a formal written notice before starting any condemnation proceedings. This notice identifies who wants your land and why. It helps you understand the situation and gives you time to respond before any construction or removal begins.

You have the right to a bona fide offer

The entity must make a bona fide offer that reflects your property’s fair market value. They must also include an appraisal or detailed explanation of how they calculated the value. You get at least 30 days to review the offer. If the amount seems too low, you can reject it.

You have the right to a hearing

If you reject the offer, you can attend a special commissioners’ hearing. Three local property owners serve as commissioners and review evidence from both sides to decide on fair compensation. You can present your own appraisal and other documents. If you disagree with their decision, you can take the case to court.

You have the right to partial compensation

If the entity takes only part of your property, you still receive compensation. You get paid for both the land taken and the reduced value of the remaining land. This ensures your leftover property still holds practical use and fair value.

Texas law gives you several rights during condemnation. You can respond to offers, present your case, and challenge outcomes. By staying informed and involved, you help ensure fair treatment and full compensation for your land.