The state of Texas is known for its wide-open spaces and strong history of private land ownership. Therefore, owning property in Texas comes with lots of benefits. So, Texans take pride in their land, whether it’s a small home lot or a big farm. With more than 268,000 square miles, land is a big part of everyday life in the state. 

People use land to build homes, grow crops, raise animals, and run thousands of local businesses that help communities thrive. It is very common to discover a property that has been in the same family for centuries. This makes it very important for residents to learn about Texas landowner rights, since many of them own land. That is why in this article, we’ll discuss what you need to know about Texas landowner rights.

The Importance of Knowing Your Rights

People might not worry about their property rights until someone tries to seize their land. This can happen if a government agency or a private corporation wishes to use part of your property for a public project. When this happens, knowing your rights will help you take proper actions that will protect your interest. 

Eminent Domain and What It Means

In Texas, the most common reason why property is taken is eminent domain. This is when an approved group wants to use your land for something that will help the public. Typical examples of such projects are roads or utility lines. 

In such a situation, you have the right to know who is asking for your property and why. You also have the right to raise questions and get clear answers. You can visit https://www.investopedia.com/ to read more about eminent domain.

What the Bill of Rights Gives You

The Texas Landowner’s Bill of Rights tells you what the law does to protect you during this process. It tells you that your land can only be taken for a real public use. It also says that the group that wants your property must have the legal right to take it. These rules help owners prepare for this kind of event and reduce surprises.

Your Right to Compensation

People who own land that is taken must receive a decent amount of money for it. This payment is based on an appraisal that should be done by a certified appraiser. If you want a second view, you can hire your own appraiser. Some owners do this to make sure the offer is reasonable.

Your Right to Proper Notice

If someone wants to take your land, you need to be told about it early. This notice usually comes with a copy of the Bill of Rights and an initial offer. The notice should give you enough time to figure out what’s going on. It should also allow you time to get help if you’re not sure what to do.

Your Right to Negotiate

You don’t have to take the first offer someone makes you. Owners can talk about the value, ask for further information, and show their own evidence. In fact, you have the right to involve your attorney or appraiser in the negotiations. A lot of owners do this to feel more confident and sure of the final outcome.

Your Right During Surveys 

Before any official action is taken, a group may need to come onto your land to take measurements. So, they have to let you know before they come, and they can’t disturb your land too much. You can also have someone else with you, like your attorney, during the survey. This helps owners feel secure while things are going on.

Homestead and Farm Protections

Texas also gives homeowners strong home protections, called homestead rights. These prevent most creditors from taking a home and a certain amount of land. 

The Right to Farm law protects farmers from certain complaints, which is another way the state protects farmers. These regulations make sure that living on the land daily is smooth for these farmers.

Groundwater and Access Issues

The rule of capture applies in Texas, which means that landowners usually have broad rights to the groundwater under their properties. This rule has limits, but it still matters to a lot of people who live in rural areas. You can read this article for more information on the rule of capture.

Owners should also know that if a land parcel doesn’t have a road leading to it, their neighbors are not obligated to give them access through their land. Therefore, when buying land in a remote place, it’s crucial to plan ahead.

Staying Prepared

Understanding these rights can help owners make smart decisions when facing a serious situation. It can also prevent you from making mistakes that could cost you time or money. When an issue arises, most people choose to talk to a property lawyer before they make a decision. This is a safe way for them to protect their property.

Conclusion

In Texas, owning property is a big part of life, and the law tries to protect owners from being treated unfairly. These protections make it easier for owners to fight for what they believe in. If your land is about to be taken, we recommend involving the services of a lawyer and an appraiser to ensure you are well compensated.