Eminent domain in Texas? (Hurst, Greenville: sales, 2014, leasing)

[gtt99]

Please, explain how the concept of eminent domain works in Texas. In the area where I live (DFW), they (local authorities) are building a toll road- Pres. George Bush turnpike. The toll road will eventually be connected to I-20 through Forney. Some people are concerned it will go through their land, I have 15 acres in the area.

How does this work, do I need to give them my consent or do they just take the land away? Do I get compensated for the land used for the road? If yes, at what price, current market price per acre? Is there any legal protection for the landowners? Can a group of people file a class-action lawsuit against the county or the road builder? Is it even constitutional?
Thanks!

[North Beach Person]

http://recenter.tamu.edu/pdf/394.pdf

Essentially, the government acquires a property using eminent domain through a process called condemnation. This taking has to be for a public good such as a road. Adequate compensation has to be paid. That is defined as market value.

[gtt99]

Originally Posted by North Beach Person

http://recenter.tamu.edu/pdf/394.pdf

Essentially, the government acquires a property using eminent domain through a process called condemnation. This taking has to be for a public good such as a road. Adequate compensation has to be paid. That is defined as market value.

What if there is a house/business on the property and people actually live or work there?

[North Beach Person]

Originally Posted by gtt99

What if there is a house/business on the property and people actually live or work there?

Then you'd be compensated for that, market value. I don't know how they'd handle the market value of a business, presumably you'd be able to move to a new location so you'd get the improved value. But a house? Happens all the time with road building/widening.

[gtt99]

Originally Posted by North Beach Person

Then you'd be compensated for that, market value. I don't know how they'd handle the market value of a business, presumably you'd be able to move to a new location so you'd get the improved value. But a house? Happens all the time with road building/widening.

Thanks for the link, very informative!

[ChristieP]

And since they will be paying market value for the land, there's also no current timeline for the PGBT expansion through Sunnyvale. That's going to be an $$$$$ expensive property to acquire since land value there is some of the highest in DFW. Rumor had it for a while that they were going to buy up the former E-S Ranch, but so far, nothing has happened.

[gtt99]

Sachse and Greenville, TX communities were successful in refusing to let a toll road to go through their towns.

'No Toll Road' says Hunt County Grassroots Watchdog Group

[ETex2]

Originally Posted by gtt99

Please, explain how the concept of eminent domain works in Texas. In the area where I live (DFW), they (local authorities) are building a toll road- Pres. George Bush turnpike. The toll road will eventually be connected to I-20 through Forney. Some people are concerned it will go through their land, I have 15 acres in the area.

How does this work, do I need to give them my consent or do they just take the land away? Do I get compensated for the land used for the road? If yes, at what price, current market price per acre? Is there any legal protection for the landowners? Can a group of people file a class-action lawsuit against the county or the road builder? Is it even constitutional?
Thanks!

Like others have stated, the acquiring agency must buy the property at full market value. Total compensation should also include any damages to the remainder, and if any part of the remainder after the acquisition is unusable, they need to buy that as well. If in doubt, hire your own appraiser experienced with eminent domain appraisals to give you a second opinion once you have a chance to look at their appraisal.

[loves2read]

There is a BIG different in what some homeowners/land owners might consider "full" market value--
I worked with someone who owned home in Hurst where the strip mall next to the real mall was built--
she and other neighbors did not want to sell -- period--for a RETAIL expansion--
the city forced them to sell because it claimed eminent domaine was allowed to increase the tax base of the city--more sales taxes from the retail strip center than those small, older homes so the city and taxpayers benefitted...
she was forced to take a price THEY set--which was not really compensation since she could not BUY a house fot the same price per sq ft in the area--
she was screwed basically...

IF you find that your land is needed for any city/county/state project your best bet is to band together with other landowners -- especially if there are many small ones vs several larger owners--and try to get more clout as a unit--
tha is what some neighborhoods did when the o/g companies were leasing land 7-8 ys ago--
more clout as a group to get higher signing bonus and rental payments...
if you didn't sign, basically you lost out since in this area it is possible to pool many mineral owners into entity large enough to make a drill site/wells--
just as in building a road--one person is not going to prevent what will happen--
but a group MIGHT--and I say might because no one has pockets as deep as the state...

[bluescreen73]

Beware that if you decide to fight the state's assessed value you have one shot to do it. Eminent domain proceedings in Texas are handled by the Probate Courts. Both the landowner and the state present their appraised value and evidence to support their case. The jury is then tasked with setting an appraised value for the property and their decision is final. No appeals are allowed. I sat on a jury for an eminent domain case involving the expansion of SH121 back around 2003/2004. That was some of the driest and most boring testimony ever.