Eminent Domain Offer on Your Texas Land: What the Law Requires

Short answer: When a government or a private entity with eminent domain authority wants your Texas land for a road, utility or pipeline, it must follow Property Code Chapter 21 and the Landowner's Bill of Rights the Attorney General publishes. Your land can only be taken for a public use, by an entity authorized by law, and for adequate compensation, which the Bill of Rights says typically means market value plus certain damages if the rest of your property loses value. Before suing to condemn, the entity must make a bona fide offer (Section 21.0113): a written initial offer with the Bill of Rights, then a final offer at least 30 days later, based on a written appraisal from a certified appraiser and at least equal to it, with at least 14 days for you to respond. With the initial offer it must disclose appraisal reports on your property from the past 10 years (Section 21.0111). You may hire your own appraiser and attorney, and if you do not agree, three special commissioners set the compensation, and you can take it to a judge or jury.

A letter from a highway department, a utility or a pipeline company about buying part of your land is unsettling, especially if you were already thinking about selling. Texas law sets out what any entity with eminent domain authority must do before it can take land, and what you are entitled to along the way. This guide walks through those steps, the appraisal you are owed, and your options, using the Landowner's Bill of Rights that the Texas Attorney General publishes and the Property Code.

This article is general information. It is not legal advice. Eminent domain has strict deadlines; talk to a Texas attorney about any offer you receive.

The basic rules

The Landowner's Bill of Rights, in its November 2025 edition, says it applies to any attempt to condemn your property, and that any entity exercising eminent domain authority must give you a copy. Its first rights set the ground rules:

• you are entitled to adequate compensation if your property is condemned;
• your property can only be condemned for a public use;
• it can only be condemned by a governmental or private entity authorized by law to do so;
• the entity must notify you that it intends to condemn your property.

The Bill of Rights explains that a public use could include building or expanding roadways, public utilities, parks, universities and other public infrastructure, and that Texas law does not allow eminent domain for tax revenue or economic development.

What adequate compensation means

According to the Bill of Rights, adequate compensation typically means the market value of the property being condemned, and it can include damages if the market value of your remaining property is diminished by the taking or by the public purpose. If you are displaced from your residence or place of business, you may be entitled to reasonable moving expenses, with limits. That remainder point matters for land: a strip off the front of a tract can change what the rest is worth. Our guide on how to estimate what your land is worth explains how value is usually judged.

The offer process the law requires

Before it can file a lawsuit to condemn, the entity must make a bona fide offer. Property Code Section 21.0113 spells out what that means:

1. An initial written offer. It must include a copy of the Landowner's Bill of Rights, a bold statement saying whether the compensation includes damages to the remainder of your property, the deed or easement it wants you to sign, and a named contact with a phone number.
2. An appraisal. Before the final offer, the entity must get a written appraisal from a certified appraiser.
3. A final written offer made on or after the 30th day after the initial offer, for at least the appraised amount, with a copy of the appraisal unless one was already provided.
4. Time to respond: at least 14 days after the final offer.

Section 21.0111 adds that, when the offer is made, the entity must disclose by certified mail the appraisal reports it produced or acquired on your property in the previous 10 years. If it plans to use an appraisal at a commissioners hearing, it must disclose its current reports no later than the third business day before the hearing.

For a private entity seeking a pipeline or electric transmission line right-of-way, the Bill of Rights says an addendum on standard easement terms also applies. Our guide on selling land with a pipeline easement covers what those easements mean once they are recorded.

If you do not agree

You may hire an appraiser or other professional to value your property, and an attorney to negotiate and represent you. If there is no agreement, the Bill of Rights says you are entitled to a hearing before a court-appointed panel of three special commissioners, who decide the compensation, including any reduction in value of your remaining property. If you are unsatisfied with their award, or question whether the condemnation was proper, you have the right to a trial by a judge or jury, and to appeal. If you believe a registered easement or right-of-way agent acted improperly, you may file a written complaint with the Texas Real Estate Commission.

What to do when the letter arrives

1. Write down the date of the initial offer; the final offer cannot come for at least 30 days.
2. Read the bold statement on whether the offer includes damages to the remainder.
3. Collect the appraisals the entity must disclose, and consider your own appraisal.
4. Read the deed or easement form carefully: what is taken, how wide, and for what use.
5. Talk to a Texas attorney before you sign or before the response deadline after the final offer.

If you were already thinking about selling

A project nearby can change what buyers will pay, and a partial taking changes the shape of what is left. Before you decide anything, it helps to know what the whole property is worth as it stands. Our guide on selling land to a developer covers other buyers who look at land near growth. If you want another number to compare, you can ask us for a written cash offer, with no obligation.

Common questions

Can the government take my land in Texas?

Only for a public use, only by a governmental or private entity authorized by law, and only for adequate compensation, according to the Landowner's Bill of Rights. The Bill of Rights says Texas law does not allow eminent domain for tax revenue or economic development.

What is a bona fide offer in Texas eminent domain?

Under Property Code Section 21.0113, it is a written initial offer that includes the Landowner's Bill of Rights, followed by a written final offer made at least 30 days later. Before the final offer the entity must get a written appraisal from a certified appraiser, the final offer must be at least the appraised amount, and you must get at least 14 days to respond.

Do I get to see the appraisal?

Yes. Section 21.0111 says that when it makes an offer, the entity must disclose by certified mail the appraisal reports it produced or acquired on your property in the 10 years before the offer. The final offer must include a copy of the written appraisal or follow one already provided.

What if I don't agree with the offer?

Before your property is condemned you are entitled to a hearing before a court-appointed panel of three special commissioners, who set the compensation, including any reduction in value of your remaining property. If you are unsatisfied, the Bill of Rights says you can have a trial by a judge or jury and appeal.

Can I hire my own appraiser or lawyer?

Yes. The Landowner's Bill of Rights says you may hire an appraiser or other professional to determine the value of your property and an attorney to negotiate and represent you.

Sources

• Texas Attorney General: The State of Texas Landowner's Bill of Rights (November 2025)
• Texas Property Code Section 21.0113 (bona fide offer)
• Texas Property Code Section 21.0111 (disclosure of appraisals)

Each source was opened and read on October 23, 2026. Rules and rates change: check the source for the current version.

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