Under the principle of eminent domain, entities like governments, city councils, utility companies or transportation departments (also known as “condemning authorities”) can buy private property for use in public projects. They must follow strict guidelines under Texas law when they do this.
These guidelines also come into effect when they suspend eminent domain operations. At this stage, the original property owner might be able to reclaim their property under certain conditions.
Repurchasing isn’t an automatic right. It’s an option that comes up only in specific situations. As per state law, the original property owner, their heirs, successors or assigns may repurchase their property if one or more of the following conditions apply:
Various factors might lead condemning authorities to cancel a project. Regardless, owners or their heirs could have a valid reason to repurchase their property under these conditions.
Sometimes, entities may find that a property is no longer needed for a certain project. For example, consider a property acquired for a new highway. If changes in transportation needs or budget constraints lead to the project’s cancellation, the property may no longer be needed for that project.
In this situation, condemning authorities have to let the original owner know they can buy it back if they wish. They must send a notice by certified mail within 180 days of identifying that the former property owner can repurchase the property.
This notice should detail the property and the public project for which the condemning authority initially bought it. It should also explain why the property owner can now buy it back.
If the condemning authority neglects to send this notice, it may be breaking the law. In such situations, property owners should consider consulting a legal professional. A legal professional can take steps to assist owners in receiving a fair chance to repurchase their property, should they have the right to do so.