Yes. Under Texas law, the government must negotiate with landowners. The government must be able to demonstrate a good faith attempt to reach an agreement for the sale of the property. The government must investigate all aspects of the property's value and prepare worksheets and summary sheets that help to determine the property’s value.

The government may need to acquire property that is titled to more than one owner. Examples of partial property ownership interests include partial fee simple interests, lease interests or mortgage interests, among others. The government will negotiate with all property owners if possible. However, a Texas appeals court has ruled that, under certain circumstances, the government may focus its negotiation efforts on a single owner—rather than negotiate with minority ownership interests.

Learn how to protect yourself when a company or the government wants to take your land by clicking to download your free copy of the Texas Eminent Domain Guide.

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David Todd
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Austin Eminent Domain Attorney David Todd helps landowners get maximum compensation throughout Texas.