The Common Law

Eminent Domain – The Government Made a Low Offer – What Next? (Part 2)

I rejected the low amount the government offered me for a portion of my property that they want to use to build huge electric transmission lines and towers. Now that I've rejected their offer, I'm not really sure what happens next.

Last week's column discussed the initial procedure that occurs when a landowner and a condemnor (the governmental entity that seeks to take your property) can't agree on the amount that should be paid for the property. After the landowner rejects the final offer, the condemnor will file a lawsuit against the landowner to acquire the property rights it seeks. Next, the condemnor and landowner will conduct a special commissioners' hearing, which is presided over by three court-appointed commissioners (check out last week's column for more details on the special commissioners' hearing process). At the end of the hearing, the special commissioners will issue a special commissioners' award, which sets out the commissioners' independent opinion as to the value of the property.

But this is not necessarily the end of the condemnation litigation process. If either side is unhappy with the award, the landowner and the condemnor may object to the special commissioners' award on or before the first Monday following the 20th day after the day the commissioners file their findings with the court. In doing so, the condemnation lawsuit will be "appealed" to the trial court and the case will move forward in a manner similar to other lawsuits. The trial is "de novo," which means that both parties start from square one and the case proceeds as if the commissioners' hearing and award had not occurred. Under Texas law, the landowner has the absolute right to a jury trial.

Eminent domain is its own unique area of the law, with both procedural and substantive nuances. Landowners facing the prospect of losing property to a government infrastructure project – including electric transmission lines, pipelines, and new or expanded roadways – should talk to experienced eminent domain lawyers to learn more about their legal rights as property owners.