Historic buildings often face challenges when cities grow and change. Government projects can threaten these important structures through a process called eminent domain. However, if you own a historic building, there are ways to protect it. Texas law provides you with specific protections for your historical structures.
Legal safeguards
Under the Texas Property Code, you must receive enough notice and fair compensation for your property. Your historic property gets additional protection through the Texas Historic Preservation Law. State agencies must check with the Texas Historical Commission before doing anything that could harm your historic property.
Beyond market value
Your historic property is worth more than just its square footage. Courts recognize that historical significance adds value to your property, and it must be taken into account when determining fair compensation.
What you can do
If your historic property faces eminent domain proceedings, consider taking the following actions:
- Document the property’s historical significance thoroughly
- Obtain independent historical value assessments
- Reach out to the Texas Historical Commission for guidance
- Seek experienced legal representation
- Explore the possibility of negotiating preservation agreements
Taking these steps early can strengthen your position in protecting your historic property.
Looking ahead
While you cannot stop urban development, you can take steps to protect your architectural heritage. Knowing your rights and the special status of your property can help you oppose eminent domain actions. Your goal should be to fair treatment while helping preserve your city’s unique character.
If you have an eminent domain issue, consulting with an experienced legal counsel early can help protect your rights and property’s value. Remember, acting quickly and documenting everything are essential to protect your historic property.