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Private Property Rights and the Trans-Texas Corridor

TxDOT greatly respects the rural and agricultural heritage of our state. As with other state highways, we will work hard to make sure that routes travel between properties rather than bisecting them. When a property is bisected, we do everything we can to minimize the impact on the property owner, whether through reconnecting severed roads, providing crossovers, constructing limited access roads, or through other means. Each situation is examined individually to identify the most appropriate way to balance local needs with the needs of the mobility needs of the entire state.

In 2005, the Texas Legislature thoroughly reexamined private property rights with respect to the Trans-Texas Corridor, held hours of public testimony, and produced this package of statutory protections and opportunities for property owners:

General Provisions Protecting Communities and Landowners

TxDOT works cooperatively with local governments and landowners on the development of transportation facilities. The following provisions enacted by the legislature ensure that local interests are considered when constructing the Trans-Texas Corridor.

The department must consider the aesthetic character and the input of affected communities when developing transportation projects.
The department must provide direct connections to and from the Trans-Texas Corridor and interstate, US and state highways. The department must also consider similar connections for Farm-to-Market and Ranch-to-Market roads, as well as major county and city arterials, taking into consideration feasibility, local input, traffic volume, and the circuitry of travel for landowners and emergency vehicles.
The department may not extract groundwater from the right of way unless necessary for the construction, operation or maintenance of a facility. The department must comply with the rules of water districts.
The department may not acquire property for a customer service facility that will be used for commercial purposes unless the facility will directly benefit the users of the Corridor and is not located within 10 miles of an intersection with an interstate highway.
When acquiring property, the department is encouraged to purchase options and offer leasebacks to allow property owners to occupy land not immediately necessary for department purposes.
Property owners may build alternative access between tracts of property severed by the Trans-Texas Corridor (subject to department approval).
Property owners may retain development rights when their property will be used for a customer service facility.

Divided Parcels

Despite our efforts to minimize impacts on landowners, there may be cases where the environmental and engineering constraints are such that dividing a parcel is unavoidable. Recognizing this, the legislature enacted the following protections:

The department is authorized to negotiate for and purchase land that is severed by a roadway and is required to offer to purchase a remaining tract if it has little or no value to the owner (unless hazardous materials are present).
If the department severs property, the department must pay damages for the remainder, including damages caused by inaccessibility from one tract to the other.
For farm and ranch land in certain rural areas, the statute requires that damages for the loss of reasonable access to or from severed properties be considered in condemnation hearings.

Condemnation

TxDOT purchases land necessary for transportation projects based on the fair market value of the property. If the department’s appraisal indicates a substantially different value from what the landowner believes is the fair market value, and an agreement cannot be reached through negotiation, then the ultimate value will be determined through a judicial process known as condemnation. The legislature enacted the following provisions related to condemnation and the Trans-Texas Corridor.

When acquiring property to mitigate an adverse environmental impact caused by a project, the department must offer to purchase conservation easements rather than acquiring property by purchase or condemnation.
For a declaration of taking, also known as “quick take,” the department is required to notify the property owner, in writing, that he or she has no fewer than 90 days to move.
TxDOT cannot file a declaration of taking before the completion of the environmental process, including all public hearings, meetings and public comment. This ensures that property owners will have plenty of notice – several months, if not years.
The statute requires county commissioners courts to approve the development of customer service facilities before the department may condemn property for such facilities.