The Common Law

Eminent Domain – How Does the Condemnation Process Start?

I've received notices informing me that the government is considering several routes to build big, ugly electric transmission lines and that my property falls within one of the proposed routes. I'm worried that the government will try to take part of my property to build the transmission lines. How does the condemnation process begin in Texas?

For landowners, it can be a very difficult time when you are waiting to learn if or when your property will be condemned by the government. Typically, the entity with condemnation power (the condemnor) plans for a public project and determines whether it may need private land for completion of the project. The specifics of the project, particularly its exact route and the start date, can take months or years to finalize.

In some situations, landowners have the opportunity to provide input on the final location of the project by participating in proceedings conducted by the condemnor. For example, in Texas, the Public Utility Commission holds hearings to approve the final route of electric transmission lines.

The condemnor is required to notify all property owners whose land will be taken for the project. The condemnor will often order a property appraisal, in which an appraiser attempts to calculate the fair market value of the entire property and the specific property rights sought to be acquired by the condemnor. Land-acquisition agents for the condemnor will use the amount in the appraisal report to make an offer to purchase the property needed for the project.

The offer may have a time limit that requires the landowner to respond by a particular date. The landowner is free to accept or reject the offer.The initial offer letters sent by condemning authorities can often be both confusing and, at times, intimidating to property owners who are unfamiliar with the eminent domain process. More problematic, the offers are often much lower than the adequate and just compensation the condemnor is constitutionally required to pay. Landowners receiving offers in condemnation matters should seek the advice of experienced eminent domain lawyers to help evaluate the condemnor's proposed taking and corresponding offer.