Can I receive compensation for a partial taking?

Yes, you can receive compensation for a partial taking under Texas’ eminent domain law. According to the Texas Property Code, a property owner is still entitled to compensation when the taking of the property is “for a public use and is less than the owner’s whole interest in the property.” This includes when a partial taking is done through a severance, a physical taking, or by a contract creating an easement or license. For example, if a governmental agency seeks to take a right of way through your property, you will be entitled to compensation for that partial taking. Similarly, if a pipeline company seeks to acquire an easement to install a pipeline, you will be entitled to compensation for that partial taking of your land. Whether you will receive full compensation for the partial taking depends on a few factors, such as the extent of the partial taking and the appraised market value of the property before and after the taking. Generally, though, the law is set up to ensure that you receive fair compensation for the partial taking. Additionally, in cases where you dispute the amount offered for compensation, you can file a lawsuit in the court of competent jurisdiction to contest it.

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Can I receive compensation for a partial taking?

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