Eminent domain allows the government or authorized entities to acquire private property for public use, provided they offer just compensation. While some projects require entire properties, others may only need a portion, resulting in a partial taking. Unlike full acquisitions, partial takings leave landowners with the remainder of their property. However, this can still significantly impact its use and value.
What is the process like?
The process typically begins with project planning, where engineers and surveyors determine the exact boundaries of the land required. As a landowner, you should receive an initial written offer from the condemning authority. This initial offer must include several items, including a copy of the landowner’s bill of rights statement.
The condemning authority must then wait at least 30 days after making this initial offer before presenting its final offer. During this time, you have the right to obtain your own appraisal of the property.
The final offer must be based on a written appraisal from a certified appraiser and must be equal to or greater than this appraised value. This final offer is the condemning entity’s best and final offer. In Texas, compensation for a partial taking considers two key factors:
- The fair market value of the portion being taken
- Severance damages for any decrease in value to your remaining property due to the partial taking
It’s important to understand that each partial taking situation is unique. The specific process and compensation can vary depending on the project details and your property’s characteristics.
How will it impact the remainder of my property?
A partial taking can significantly affect your remaining property in various ways. You might face:
- Changes in access
- Alterations to the size and shape of your land
- Potential zoning issues
- Disruptions in your utilities
- Reduced property value
- Restrictions or limitations on how you can use the remaining land
As a landowner facing a partial taking, you have several key rights protected under Texas law. You can challenge the taking’s necessity, contest the amount of land the government wants to acquire and negotiate for fair compensation.
Even a small portion deserves just compensation
Your property is valuable, even if they are taking just a part of it. An eminent domain attorney can help you figure out what your land is really worth and advocate for your best interests.
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