When taking your property, what are the steps the government must follow?

Obtaining and disclosing appraisal of land.
It is necessary for the condemning entity to obtain an appraisal in order to make an offer of fair market value to the landowner. Appraisal reports must be disclosed to the landowner, and any appraisals the landowner may have obtained must likewise be disclosed to the condemning entity. The condemning entity does not have to disclose any property studies of the area that are not appraisals of the particular property.

Notice of Right of Repurchase.
The condemning entity must notify the landowner in writing if the property is no longer necessary for the public use that originally served as the justification for condemnation within 10 years of the property's acquisition if: (1) the use is canceled; or (2) no actual progress (as precisely defined) is made within those 10 years. At that time, the landowner has the right to repurchase the property at the price paid by the condemning entity during the eminent domain process.

Relocation.
The government must provide relocation advisory services for individuals, families, businesses, farming/ranching operations and nonprofit organizations that are compatible with federal guidelines.

 

Learn how to protect your rights when the government takes your land:
Texas Eminent Domain Guide

Act Now to Protect Your Rights and Your Land. 

Condemnation projects move quickly and deadlines affect your legal rights, so don't delay contacting an eminent domain attorney.

If you want to learn how we can help protect your rights as a Texas landowner, and get the peace of mind that comes with:

  • free confidential review of your case
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  • Our free Texas Eminent Domain Guide explaining how to protect your rights
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David Todd
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Austin TX Family Law, Personal Injury and Eminent Domain Attorney