What every landowner should know about Condemnation Proceedings.
1
What to do when you are first contacted.
What should you do when you are put on notice of a pending condemnation process?
Learn what you are up against.
A Condemnor is required to follow a statutorily defined process.
The Texas Condemnor is required to make a good faith offer to purchase, which should be based upon an appraisal.
Be aware that appraisals often vary dramatically, particularly if the government's appraiser has failed to consider some unique feature of the property or the full impact of the project on the property.
In practice, the system is adversarial. That does not mean offensive or angry.
Even if everyone you meet is polite and personable, it is OK to politely stand up for your rights.
Owners are likely to encounter a team of career professionals trained by a condemnor that may be more concerned about its budget or schedule than rights of the Condemnee.
Almost every landowner would benefit from taking the time to consult an attorney, which is often free, fun and informative.
2
Learn about the project. Ask for more information.
The condemnor's representative should provide you with maps and diagrams (sometimes called a "schematic") which will show the construction specifications. Ask for them.
Ask where your property is depicted on the plans.
Understanding these documents is extremely important. Without training, it is difficult to invision, from the plans alone, what the final structure will be like.
Feel free to ask the Condemnor's representative to show you each feature which would be important to you, but do not stop there.
Be aware that design of the project may affect your access or limit what uses you can make of any remaining property - possibly devastating its market value.
3
Find the right advisor using the Internet or a trusted real estate professional.
An experienced condemnation lawyer should be happy to personally advise you about your rights as a property owner.
Condemnation involves different rules than typical appraisal or brokerage.
Learning how to determine the value of your property under the limits of condemnation law requires specific study - because it is indeed different from typical appraisal or brokerage practice.
Owners will need to evaluate the impact of the project, market trends, project influence, condemnation blight, and land use restriction upon their property's value.
4
Should you accept the offer?
In Texas, when you receive an offer, remember that it is only that.
Initial offers are often too low. Sometimes half of what they should be. Sometimes less.
You should not feel rushed to accept, and should not accept before you seek professional advice.
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