Landowner’s Bill of Rights

Landowner’s Bill of Rights.pdf

The Landowner’s Bill of Rights applies to any attempt by the government or a private entity to take your property.  The contents of this Bill of Rights are prescribed by the Texas Legislature in Texas Government Code Sec. 402.031 and Chapter 21 of the Texas Property Code.

  1. You are entitled to receive adequate compensation if your property is taken for a public use.
  2. Your property can only be taken for a public use.
  3. Your property can only be taken by a governmental entity or private entity authorized by law to do so.
  4. The entity that wants to take your property must notify you that it wants to take your property.
  5. The entity proposing to take your property must provide you with a written appraisal from a certified appraiser detailing the adequate compensation you are owed for your property.
  6. The entity proposing to take your property must make a bona fide offer to buy the property before it files a lawsuit to condemn the property – which means condemning entity must make a good faith offer that conforms with Chapter 21 of the Texas Property Code.
  7. You may hire an appraiser or other professional to determine the value of your property or to assist you in any condemnation proceeding.
  8. You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving the condemnation.
  9. Before your property is condemned, you are entitled to a hearing before a court appointed panel that includes three special commissioners.  The special commissioners must determine the amount of compensation the condemning entity owes for the taking of your property.  The commissioners must also determine what compensation, if any, you are entitled to receive for any reduction in value of your remaining property.
  10. If you are unsatisfied with the compensation awarded by the special commissioners, or if you question whether the taking of your property was proper, you have the right to a  trial by a judge or jury.  If you are dissatisfied with the trial court’s judgement, you may appeal that decision.

Further information regarding the procedures, timelines, and requirements can be found in Chapter 21 of the Texas Property Code.


Hazard Mitigation Plan (Draft)

Brazoria Drainage District No. 4 is currently in the process of updating our FEMA Local Hazard Mitigation Plan.  The draft Hazard Mitigation Plan update will be available to the public for review and comment on the April 2, 2019 board meeting agenda.  This will occur in conjunction with a presentation to the Board of Commissioners, which describes the draft plan update.  The presentation will coincide with the start of a 30-day public comment period during which residents and business interests can review the draft plan update and provide comments to BDD4 before the update is finalized.

Comments may be provided by:

  1. email comments to Adrian Gengo, BDD4 Plans Coordinator;
  2. mail comments to our offices at 4813 W. Broadway, Pearland TX  77581; or
  3. drop off comments at our office.

Comments will be considered by the Mitigation Planning Committee and incorporated as appropriate.  The District asks that you please review and provide your comments back by May 10, 2019 in order to give enough time to incorporate the comments into the draft.

Please contact us at BDD4 with any questions, comments, or concerns.