Barsalou & Sebesta, P.C.   Attorneys at Law                                         
 

   713-652-5044 

"...nor shall private property be taken for public use,
without just compensation. "

U.S. Constitution: Fifth Amendment

The Texas Constitution

Article 1 - BILL OF RIGHTS

Section 17 - TAKING, DAMAGING, OR DESTROYING PROPERTY FOR
PUBLIC USE; SPECIAL PRIVILEGES AND IMMUNITIES; CONTROL OF
PRIVILEGES AND FRANCHISES

No person's property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person; and, when taken, except for the use of the State, such compensation shall be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities, shall be made; but all privileges and franchises granted by the Legislature, or created under its authority shall be subject to the control thereof.

The law allows the government to take private property for public use, but requires "just compensation" to be paid to the landowner.  

Many times, however, the government and the property owner differ over what is a fair price for the condemned property.

Normally there are three preliminary questions to ask:

    1.  Has the property been taken, damaged or destroyed?

    2.  Has adequate compensation been paid?

    3.  Is the property being taken for a public use?

Damages are calculated by determining the difference in market value of the land immediately before and immediately after the taking.  Market value is "the price that the property would bring if it were offered for sale by one who desires, but is not obliged, to sell, and is bought by one who is under no necessity of buying it, taking into consideration all of the uses to which it is reasonably adaptable and for which it either is or in all reasonable probability will become available within the reasonable future." City of Austin v. Cannizzo, 153 Tex. 324, 267 S.W.2d 808, 815 (1954).