Condemnation in Transportation Projects: Causes and Solutions

(PI: Carlos Caldas, CoPIs: Chandra Bhat, Kara Kockelman, Lisa Loftus-Otway, and Nathan Hutson )

The right-of-way (R/W) acquisition process is a major component of any transportation project and is usually on the critical path of the project. This R/W acquisition process begins with a proper valuation of the property, followed by the DOT or local agency’s offer presentation to the owner. Negotiation then takes place in an effort to reach an agreement with the owner and process the acquisition and parcel user’s relocation. However, the property owner may not accept the offer as a just compensation of the market value. If negotiation does not lead to an agreement between the acquiring agency and the owner, eminent domain (ED) proceedings can be initiated to complete the acquisition process. The high incidence of ED proceedings observed on many property acquisitions in Texas, as well as the associated increase in acquisition costs and durations, justify the need to investigate its causes and solutions. This study will evaluate factors impacting the nature, duration, and cost of acquisition in Texas. Strategies to reduce condemnation rates, durations, and costs will also be developed. The tasks for accomplishing this research will involve gaining a full understanding of successful strategies and practices by TxDOT and other agencies, identifying relevant legal aspects, analyzing impact factors, and generating new innovative strategies that should also be given consideration for implementation.