Legal Question in Real Estate Law in Texas

eminent domain and structure set-backs

I understand the City of Rowlett's power of eminent domain for road expansion. They have an approved Master Thoroughfare Plan related to a road next to my house that will be expanded in the next 2 years. In my case, officials refuse to acknowledge that the planned 110' roadway & easements is within my residence wall structure. Some have informally suggested that they can reduce width of lanes, median, easements, etc., just beside my corner residence and one other (as we're the only one's effected) to construct the curb of this 6 lane roadway to within 24'' of my residence.

Question: Do I have any legal recourse if the City intentionally reduces the width of the street only in my immediate house area (110' for remaining and about 90' beside me)to just avoid purchasing my house and without due regard to family and public safety.

thank you


Asked on 2/09/03, 5:23 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Damages Recoverable

The city can most likely tailor which property it condemns and which it leaves as it sees fit. However, that does not mean that you have no remedy for the damages done to the property you have left by the proximity of the new road. You are entitled to an award not only for the value of the property taken, but for any reduction in value of the property you retain occasioned by the taking and subsequent public use.

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Answered on 2/10/03, 3:28 pm


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