Quiz: Coping With Condemnation

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Quiz

Coping With Condemnation:
What Rights Do Texans Have?
By Judon Fambrough

Condemnation is the process of taking private property for a public purpose. Eminent domain is the power to take private property for a public purpose. Only entities with the power of eminent domain can initiate the process. The following quiz tests your knowledge of the process. The questions come from the Real Estate Center report Understanding the Condemnation Process in Texas, publication No. 394.

Before a court can be petitioned to condemn land, the condemnor must make a bona fide effort to purchase the property.
True False
The location of an easement sought for condemnation is basically left to the discretion of the condemnor.
True False
If only a portion of a property is to be condemned, the condemnor must pay only fair market value for the part taken.
True False
Texas courts have held that it is within the realm of public use to condemn homes within a city to expand the parking lot of a shopping mall.
True False
Landowners (condemnees) must hire an attorney to represent them before the special commissioners.
True False
Once the special commissioners reach a decision and post the award, the condemnor may take possession of the land and begin construction even though the landowner appeals the decision.
True False
The condemnor cannot enter the property to survey until the special commissioners post the award.
True False
The market value of the land being condemned is determined solely by the current use of the property.
True False
Only when a condemnation is appealed beyond the special commissioners can the issues of public use and public necessity be addressed.
True False
If the landowner hires an attorney and convinces the court that the condemnor’s offer was less than fair market value, the landowner can recover the additional compensation plus attorney fees.
True False

For an explanation to all answers, click here.

Fambrough is an attorney, member of the State Bar of Texas and senior lecturer with the Real Estate Center at Texas A&M University.

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