B. Moss

Selling Land in Texas for Future Highways: What You Need to Know

March 13, 2025

When government agencies or transportation authorities plan highway expansions, some private lands are earmarked for acquisition. If you own property in Texas that is being considered for a future highway project, it’s essential to understand your rights, the acquisition process, and how to negotiate a fair deal.

This guide provides a clear roadmap for landowners, ensuring they are well-informed and prepared to navigate the sale process with confidence.

 

Key Takeaways

  • Eminent Domain in Texas – Government agencies, and sometimes private entities, can acquire land for public infrastructure projects.
  • Property Owner Rights – Landowners are entitled to fair compensation based on market value and any additional impact on the remaining property.
  • Negotiation Process – The Texas Department of Transportation (TxDOT) typically tries to purchase land through direct negotiations before resorting to legal action.
  • Steps in Selling Land – Understanding the legal procedures can help property owners protect their interests and maximize their compensation.

 

Understanding Eminent Domain and Land Acquisition

Eminent domain is the legal authority that allows government entities to acquire private property for public projects, including highways, railways, and utilities. In Texas, this power extends to specific private entities, such as utility companies, when their work serves the public good.

Under the Texas Constitution, property owners must receive just compensation—meaning they should be paid an amount that reflects their property’s fair market value. If a portion of the land is taken, the owner may also be compensated for any reduction in the value of the remaining property.

 

How the Land Acquisition Process Works

If your land is identified for a highway project, the acquisition process generally follows these steps:

  1. Project Planning – The Texas Department of Transportation (TxDOT) identifies land parcels required for the project and evaluates their impact.
  2. Initial Contact – Landowners receive a formal notice along with the Landowner’s Bill of Rights, which outlines their legal protections.
  3. Property Appraisal – A professional appraisal is conducted to determine the land’s market value.
  4. Offer and Negotiation – TxDOT presents a purchase offer based on the appraisal. Property owners can negotiate the offer or seek an independent appraisal.
  5. Eminent Domain Proceedings – If an agreement cannot be reached, the government may initiate legal proceedings to acquire the land through eminent domain. The court determines the final compensation amount.

 

How Landowners Can Protect Their Interests

If you own land that may be acquired for a future highway, taking proactive steps can help ensure you receive fair compensation:

  • Educate Yourself – Read and understand the Texas Landowner’s Bill of Rights, which explains the eminent domain process and your legal protections.
  • Seek Legal Counsel – Consider hiring an attorney specializing in eminent domain to evaluate offers and negotiate on your behalf.
  • Obtain a Second Opinion – Getting an independent appraisal can help verify whether the initial offer reflects your land’s true value.
  • Keep Records – Document all communications with government agencies, offers received, and any appraisals. This documentation can be useful if disputes arise.

 

Final Thoughts

Selling land for a highway project in Texas requires careful consideration. Understanding eminent domain, knowing your rights, and negotiating strategically can help ensure you receive a fair deal. Seeking professional advice and staying informed will put you in the best position to navigate the process with confidence.

 

Frequently Asked Questions

What is eminent domain?
Eminent domain is the legal process that allows government agencies to acquire private land for public projects while compensating the owner fairly.

How is compensation determined?
The compensation amount is based on a professional appraisal that considers the market value of the property and any impact on the remaining land.

Can I refuse to sell my land?
You can reject the initial offer and negotiate, but if an agreement isn’t reached, the government may proceed with eminent domain to acquire the property legally.

Should I get my own appraisal?
Yes. A second appraisal can help you assess whether the offer made by TxDOT is fair and provide leverage during negotiations.

What happens if I don’t agree with the final offer?
If you disagree with the compensation amount, the matter may be resolved in court, where a judge will determine fair compensation.

Table of Contents

Selling Concerns

What is the process for selling my land?

Our process is simple and easy. Just fill out our online form or give us a call. We will then schedule a time to view your property and make you an offer.

How much can I sell my land for?

The value of your land will depend on a number of factors such as its size, location, and condition. We will take careful consideration taking into account the market, location and features to provide a fair offer.

How long does it take to sell my land to you?

The value of your land will depend on a number of factors such as its size, location, and condition. We will take careful consideration taking into account the market, location and features to provide a fair offer. We can typically close on a deal within 30 days of receiving your signed contract.

Legal Concerns

What if one of the owners are deceased?

No worries. We are in the business of solving problems. We have worked with this issue on several occasions. Give us a call and we will work closely with you to fill in the appropriate documents to legally sell.

What if I owe a LOT of back taxes or have a lien on my property?

Not an issue. There is still value in your land. We will make you an offer and you will still leave the closing table with funds in your pocket. 

What if I don't have a copy of the deed?

This is not a concern. A deed is a legally recorded document. As long as the property was properly purchased, we can acquire a copy of the deed in the county records.

Closing Concerns

What is a title search and why is it important?

A title search is a process of investigating the ownership history of a property to identify any potential title defects. A title search is important to ensure that the seller has a clear title to the property and can legally sell the land. 

How much will I have to come out of pocket?

You will only leave the closing table with payment for your property. You will not pay for a survey (if one is required) and you will not be responsible for closing costs, which typically is required in a standard sale. We have you covered.

Do I need to be physically present in the city of the property to sell my property?

No, you have the option for an in person closing or a remote closing. You can come in person to the title office to sign the deed and receive payment directly or you can handle the closing remotely in which you will travel to a certified notary to sign necessary documents.

Yes! I'm Ready to Sell My Land

⚠︎ DISCLAIMER:

The contents of this blog are for informational purposes only and should not be taken as legal or tax advice. You should consult a licensed professional for advise on your specific situation. The information in this blog may be changed without notice and is not guaranteed to be complete, correct, or up-to-date. This blog is not intended to be a substitute for professional advice

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