THE STATE OF TEXAS LANDOWNERS BILL OF RIGHTS  PREPARED BYTHE RNEY  OFFICE OF THE  ATTORNEY GENERAL OFTEXAS    ORNEY  STATE OF TEXAS LANDOWINERS BILL OF RIGHTS This Landowner's Bill of Rights applies to any attempt by the government or a private entity to take your property. The contents oft this Bill of Rights are prescribed by the Texas Legislature in' Texas Government Code Sec. 402.031  and Chapter 21 ofthe Texas Property Code. 1. Youa are entitled to receive adequate compensation ifyour property ist taken for aj public use. 2. Your property can only bet taken for aj public use. 3. Yourp propartycanonlybetakenlyagpvernmenta entity or private entity authorized by) law to dos SO. 4. The entity that wants to take your property must notify) you that it wants to take your property. The entity proposing to take your property must provide you with a written appraisal from certified appraiser detailing the adequate compensation you: are owed for your property. The entity proposing to take your property must make ab bona fide offer tol buy the propertyb before itf files al lawsuit to condemni the property - which means- the condemning entity must make agood faith offer that conforms with Chapter 21 of the 7. Your may! hire an: appraiser or other professionalto CONDEMNATION PROCEDURE  determine the value of your property or to assist youi in: any condemnation proceeding. You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving the condemnation. 9. Before your property is condemned, you are entitled to a hearing before a court appointed panel that includes three special commissioners. The special commissioners must determine the amount of compensation the condemning entity owes for the taking of your property. The commissioners must also determine what compensation, if any, you are entitled to receive for any reduction in value of your remaining 10. If you are unsatisfied with the compensation awarded by the special commissioners; or ifyou- question whether thet taking ofy your property was proper, you have the right to a trial bya aj judge or jury. If you are dissatisfied with the trial court's judgment,your maya appeal that decision.  property.  Texas Property Code.  Eminent domain is the legal authority that certain entities are granted that allows those entities to take private property for aj public use. Private property can includel land and certain improvements that are on that property. Private property may onlyb bet taken! byag governmentale entity or private entity thati is authorized byl law to do SO. Your property may bet taken only for a public purpose. That means it can only be taken for aj purpose or use that serves the general public. Texasl law prohibits condemnation: authorities from takingyour property to enhancet tax revenues Your property cannot be taken without adequate compensation. Adequate compensation includes ther market value of the property being taken. It may also include certain damages if your remaining property's market value is diminished by the: acquisition itself or by the way the condemning entity will use the property.  orf foster economic development.    HOW THE TAKING PROCESS BEGINS entity first represents to you that itj possesses eminent domain authority.  The taking of private property by eminent domain must follow certain procedures. First, the entity that wants to condemn your property must provide you: a copy oft this Landowner's Bill of Rights! before- or at thes same time the Second, ifit has not been previously provided, the condemning entity must send this Landowner's Bill of Rights to thel last known address ofthep person) whoi isl listed as the property owner ont the most recent tax roll. This requirement stipulates that the Landowner's Bill of Rights must be provided to the property owner at least seven days! before the Third, the condemninge entity must makea a bonai fide offert toj purchase the property. The requirements fora abonaf fide offer are contained in Chapter 21 oft the' Texas Property Code. Att the time a purchase offer is made, the condemning entity must disclose any appraisal reports it produced or acquired that relate specifically to the property and were prepared in the ten years preceding the date oft the purchase offer. You have the right to discuss the offer with others  entity makes ai final offer to: acquire the property.  and to either accept or reject the offer madel by the condemning entity. CONDEMNATION PROCEEDINGS  Ify you and the condemning entity do not agree on the value of your property, the entity may begin condemnation proceedings. Condemnation: ist thel legal process that cligible entities utilize tot take private property. Itl begins witha condemning entity fling a claim for your property in court. Ify youl livei in a county where part of thej property being condemned is located, the claim must be filed in that county. Otherwise, the condemnation claim can be filedi in any county where at least part of the property being condemned is located. The claim must describe the property being condemned, state withs specificity thej public use, state the name ofthel landowner, statet that the landowner: and the condemning entity were unable to: agree on the value of thep property, statet that the condemning entity provided the landowner with thel Landowner's Bill of Rights, and state that the condemning entity made al bona fide offer to  acquire the property from thej property owner voluntarily. SPECIAL COMMISSIONERS HEARING  After the condemning entity files a condemnation claim in court, the judge will appoint three local landowners to serveasspecialcommissioners. Tenptenyuarams. periodioxtikeoneofthe: specialcommissioners, Ifa commissioner is struck, the judge will appoint a replacement. These special commissioners must live in the county where the condemnation proceeding is filed, and they must take an oath to assess the amount of: adequate compensation fairly, impartially, and according to the law. The special commissioners are not legally authorized to decide whether the condemnation is necessary or if the public use is proper. Their rolei is limited to assessing adequate compensation for you. After being appointed, the special commissioners must schedule a hearing at the earliest practical time and place. The special commissioners are also required to give you written notice of the You are required to provide the condemning entity any appraisal reports that were used to determine your claim about adequate compensation: for the condemned property. Undera new lawe enactedi in 2011, landowners appraisal reports must be provided to the condemning entity either ten days after thel landowner receives the report or three business days before the special commissioners' hearing whichever is earlier. You may hire an appraiser or real estate professional tol help you determine the value of your private property. Additionally, you can hire an: attorney At the condemnation hearing, the special commissioners will consider your evidence on the value of your condemned property, the damages to remaining property, any value added to the remaining property as ar result of  condemnation hearing.  tor represent you during condemnation proceedings.  the condemnation, and the condemning entity'sproposed use ofy your condemned property.    SPECIAL COMMISSIONERS AWARD  After hearing evidence from all interested parties, the special commissioners will determine the amount of money that you should be awarded to adequately compensate you for your property. The special commissioners' decision iss significant to you not only because it determines the amount that qualifies as adequate compensation, but also because it impacts who pays for the cost ofthe condemnation proceedings. Under the Texas Property Code, ifthe special commissioners' award is less than or equal to the amount the condemning entity offered to pay before the proceedings began, then your may bei financially responsible for the cost of the condemnation proceedings. However, ifthes special commissioners' award is moret than the condemningentity. offered to pay before thej proceedings began, then the condemning entity willl be responsible for the costs associated with the proceedings. The special commissioners: are required toj provide the court thata appointed them a written decision. That decision is called the "Award." The. Award must! be filed with the court andt the court must send written notice oft the Awardt to all parties. After the Awardi is filed, the condemninge entity may take possession oft thej propertyb being condemned, even ifeither party appeals the Award oft the special commissioners. To take possession of the property, thec condemning entity must either pay the amount of the. Award or deposit the amount of the Award into the court's registry. You OBJECTION TO THE SPECIAL COMMISSIONERS AWARD Ife either the landowner or the condemning entity is dissatisfied with the amount of the Award, either party can formally object to1 the Award. In order to successfully make this valuation objection, it must be filedi in writing with the court. Ifneither party timely objects to the special commissioners' Award, the court will adopt the Award as the Ifa party timely objects to the special commissioners Award, the court will hear the case in the same manner that other civil cases are heard. Landowners who object to the Award and askt the court tol heart the matter have ther right toat trialand cane elect whether tol have the case decided bya aj judge or jury. The allocation of any triald costs is decided in the same manner that costs are allocated with the special commissioners Award. After trial, either party may  have the right to withdraw funds that are deposited intot the registry of the court.  finalj judgment oft the court.  appeal any judgment entered by the court.  DISMISSAL OF THE CONDEMNATION ACTION  Ac condemning entity may file a motion to dismiss the condemnation proceeding ifi it decides it no longer needs your condemned property. Ifthe court grants the motion to dismiss, the case is over andy you are entitled to recover reasonable and necessary fees for attorneys, appraisers, photographers, and for other expenses incurred to the date If you wish to challenge the condemning entity's authority to take your property, you can lodge that challenge by filinga a motion toc dismisst the condemnation; proceeding. Suchar motion to dismiss would: allege that the condemning entity did not have the rightt to condemn your property. For example, al landowner could challenge the condemning entity's claim thati its seeks tot take thej property for aj public use. Ifthe court grants the landowner's motion, the court may award the landowner reasonable and necessary fees for attorneys, appraisers, photographers, and for other  of thel hearing on ther motion to dismiss.  expenses incurred to the date of thel hearing or judgment.    KELOCATION COSTS  Ifyou are displaced from your residence or place of business, you may be entitled to reimbursement for reasonable expenses incurred while moving personal property from the residence or relocating the business to a new site. However, duringcondemnation; proceedings, reimbursement for relocation costs may not bea available ifthose costs are: separately recoverable under another law. Texas lawl limits the total amount of available relocation costs to the market value of they property being moved. Further, the lawj provides that moving costs are limited to the amount  thata a move would cost ifit were within 50 miles. RECLAMATION OPTIONS  Ifprivate property was condemned bya a governmentale entity, andt thej public use for which thej property was: acquired is canceled before that property is used for that public purpose, no actual progress is made toward the public use within ten years or the property becomes unnecessary for public use within ten years, landowners may have the right to repurchase the property for the price paid to the owner by the entity at the time the entity acquired the  property through eminent domain. DISCLAIMER  The information in this statement is intended to be a summary of the applicable portions of Texas state law as required by HB 1495, enacted by the 80th Texas Legislature, Regular Session. This statement is not legal advice and  ist not a substitute for legal counsel.  ADDITIONAL RESOURCES in Chapter 21 oft the" Texas Property Code.  Further information regarding the procedures, timelines and requirements outlined in this document cant bei found  REV03/12