In this video, Texas Landowner Rights Lawyer Philip Hundl talks about when possession changes from the landowner to the condemnor in Texas eminent domain cases. He emphasizes that possession can change in some circumstances without the agreement of the landowner. Call 800-266-4870 or text 979-320-9320 for a meeting with Philip. Our offices are in Wharton County, but Philip helps landowners all over Texas.
When Does a Condemnor Take Possession of Your Property in Texas?
A Comprehensive Guide for Landowners
The concept of “possession” in condemnation cases often creates confusion for landowners. It’s a critical juncture where the condemning entity gains legal access to your property, even if disagreements about compensation or other aspects of the case persist. In Texas, the rules regarding possession are clear, but understanding them is crucial for protecting your interests.
Understanding Possession
In essence, possession is the point at which the condemnor—the entity acquiring your property for a public project—obtains the right to enter and utilize your land for its intended purpose. This doesn’t necessarily mean they own the property outright; in some cases, it might involve an easement granting specific rights.
The Role of Agreements
The timing of possession hinges significantly on whether you, as the landowner, reach an agreement with the condemnor.
- With an Agreement: If both parties agree on the terms—whether it’s an easement for a pipeline or the sale of land for a road expansion—possession typically occurs after the necessary legal documents are signed and officially recorded.
- Without an Agreement: When no agreement is reached, the path to possession becomes more complex, involving the special commissioners’ hearing, a pivotal stage in the condemnation process.
The Special Commissioners’ Hearing and Possession
In the absence of an agreement, the special commissioners, appointed by the court, play a crucial role in determining the just compensation you’re entitled to for your property. It’s important to emphasize that their scope is limited to assessing the monetary value; they don’t delve into matters like the condemnor’s right to take the property or the specific terms of any easements.
- The Award: The commissioners issue their award, usually on the hearing day itself.
- The Deposit: Once the condemnor deposits the full amount of this award into the court’s registry, they gain the right to possess your property. This holds true even if you’re contesting the award amount or other aspects of the case.
- Administrative Follow-up: While possession is legally established upon the deposit, some administrative steps may follow, like the court issuing a formal writ or order of possession.
The Crucial Takeaway: Possession Precedes Final Resolution
A common misconception among landowners is that the condemnor can’t initiate their project until all disputes are settled. This is not the case in Texas. The deposit of the award grants them possession and the right to proceed, even if legal battles continue.
Preparing for Possession: Proactive Steps for Landowners
Knowing that possession can occur before the case concludes underscores the importance of proactive planning.
- Relocation and Removal: If you have livestock, crops, or structures on the affected land, you’ll need to make arrangements to move or remove them before the condemnor takes possession.
- Communication and Vigilance: The timeline for construction can be unpredictable. Sometimes condemnors act swiftly after gaining possession, while in other instances, there might be a delay. Maintaining open communication and staying informed about their plans is vital.
Navigating the Complexities
Condemnation cases are inherently complex, and the concept of possession adds another layer of intricacy. If you’re facing condemnation, seeking guidance from an experienced attorney is highly recommended. They can help you understand the specific implications of possession in your case, protect your rights, and ensure you receive fair compensation for your property. Remember, knowledge and preparedness are your greatest assets in navigating this challenging process.
Our offices are in Wharton County, but Attorney Philip Hundl helps landowners protect their rights all over Texas. Call our offices at 800-266-4870 or text us at 979-320-9320. Philip can meet with you in person, online or by phone.
Call 800-266-4870 or text 979-320-9320 for an appointment. We can also arrange for online and telephone appointments all over Texas.