The monstrous I-45 expansion project looms large over Houston, threatening to displace 1,235 families, 331 businesses, and five houses of worship via eminent domain. Grassroots organization Stop TxDOT I-45 is leading the charge in this fight. According to organizer Alexandra Smither, the group provides crucial resources to those facing this daunting prospect through door-knocking, community engagement, legal assistance, and emotional support. The group’s advocacy led to a pause on the expansion for two years, but construction is set to break ground in August. Stop TxDOT I-45 also works with lawyers Alejandra Galvan and Graham Taylor to provide locals with information and connect them with legal aid if needed. We asked Galvan and Taylor for tips on what to do when faced with eminent domain claims.

What are the first steps property owners should take when they receive notice their property will be taken?
GT: Be aware of your rights. Know not to accept the first offer. Knowledge is power. If you look up Chapter 21 of the Texas Property Code, you will find articles from professors and different checklists for landowners, things that can help arm you with better information for when you get the second or third letter or the lawsuit. You need to have as much information as possible.

Are there any important deadlines property owners should be aware of when dealing with eminent domain claims?
AG: The judge will appoint three special commissioners. This can be anyone in the county who owns property and is over the age of 18. You have 20 days from the date the petition was filed or 10 days from the date you receive that order appointing special commissioners to strike one of them if you don’t think they would serve on the panel properly.

How is fair market value determined in eminent domain cases?
GT: The legal standard is the “willing buyer, willing seller” test. What would a willing buyer in the marketplace who’s not being compelled to sell their property sell it for? And what price would a willing participant in the market pay for that? You go out and find similar properties in the marketplace, what they’ve sold for, and then make adjustments based on that.

What can property owners do if they do not agree with the government’s appraisal?
GT: This is where I warn people not to waste money, because you really need to hire the right appraiser and that’s going to be more expensive than a normal real estate appraisal. There just aren’t very many of them in the entire state, maybe six to 12 that do it every day. Because this is such a niche area, they have to know what the case law says.

What if you want to stop your eminent domain case entirely?
GT: It’s very hard to fight whether or not they can take your property because the only requirement is that it’s for public use. What the Texas Supreme Court said is if one member of the public is benefiting from the project that is enough.

What are some tips to avoid purchasing property in an area that could be seized by eminent domain?
AG: This isn’t a guarantee, but there are public resources that show what’s on a property already. One of the best ones is the Texas Railroad Commission GIS map. It will show you a whole bunch of things in Texas. One of them being pipelines. You can type in the address of a property you’re trying to buy and see if it has any pipelines on it. A good thing to know is where there’s one pipeline or two pipelines, others follow.

GT: A similar resource is the Texas Department of Transportation website. That’ll show you what their planned projects are. So you can see if you want to buy a piece of property that’s along a highly traveled public road and if there are immediate plans to widen that road.