HOUSTON – As TxDOT’s North Houston Highway Improvement Project (NHHIP) continues to move forward, homeowners and businesses located in the project’s path are facing the potential loss of their properties through the state’s use of eminent domain.
The project, aimed at improving the I-45 North corridor, could displace numerous individuals and businesses, raising questions about property owners’ rights and the compensation they are entitled to receive.
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Brandon Cofield, a Houston attorney specializing in eminent domain cases, has been advising affected property owners on what steps to take if their property is impacted.
He said that while the Texas Constitution grants entities like TxDOT the authority to condemn private property for public use, property owners are not without rights.
“Although the Constitution grants certain entities the authority to condemn property, all property owners have rights that are outlined in the Texas Landowners Bill of Rights,” Cofield said.
This bill outlines the rights of landowners, including the right to receive adequate compensation and the right to a fair hearing before a court, if necessary.
One of the key rights property owners have is the ability to negotiate with TxDOT for the value of their property.
“Property owners have the right to negotiate to reach a deal or allow the condemnation process to run its course,” Cofield explained.
Factors influencing compensation include the market value of the property and any potential loss of business or income for commercial properties.
Cofield warns against accepting the first offer without careful consideration.
“Do not panic and do not accept the first offer unless you believe it is a fair value,” he advises.
For those who are dissatisfied with TxDOT’s offer, Cofield explains the legal process that follows. If an agreement cannot be reached, the state will initiate the condemnation process.
“If an agreement is not reached, a lawsuit will be filed in which three property owners in the county will hear the arguments of each party and determine the value of the property,” Cofield explained.
The eminent domain process can be daunting for those unfamiliar with it.
“I recommend reaching out to an attorney to discuss your options, especially if you disagree with the award of the Special Commissioners and want to object.,” Cofield says.
He also suggests speaking with neighbors to gauge where they are in the process, as this can help in coordinating efforts, such as hiring appraisers who specialize in eminent domain cases.
One of the most important deadlines in the process, according to Cofield, is the 20-day window to object to a Special Commissioners’ award.
“If property owners miss this deadline, they may lose their ability to contest the compensation, so it’s critical to act quickly,” he cautions.
For business owners, the process extends beyond the value of the property itself. They may be eligible for compensation covering loss of income or relocation costs. Tenants, too, may have rights to compensation if their lease is terminated due to condemnation.
Cofield stresses that property owners should not rush into agreements with TxDOT.
“Do not agree to anything without making sure that all of your questions have been answered by either an attorney, right of way agent, condemning authority, or other knowledgeable resource,” he says.
For more information about your rights as a property owner, visit NHHIP.
On Wednesday, TxDOT officially broke ground on the $13 billion project.