How To Stop A Texas Property From Being Condemned Or Demand Just Compensation
Eminent domain is the sovereign power of governmental (and some quasi-governmental) entities to take private property, regardless of its current use, for an alleged public purpose. Condemnation is the process by which a government body takes land or exercises eminent domain power to seize portions of land for public use or for the benefit of the community.
Let the Law Office of Matt Hurt, PLLC, be your resource for advocacy and education. Matt Hurt can help you stand up for your property rights or the right to receive adequate compensation if your property is taken.
Defense Options When Condemnation Is A Threat
Your property may have been targeted for current or future public use projects, such as the following:
- A transportation project
- A water district or conservation district project
- A water supply, wastewater drainage, or flood control project
- A waste disposal facility
- A landfill
- A new reservoir to be used for public recreation or water supply to urban areas
- Roadway or highway projects
- Oil- or gas-related pipeline projects
- Water or wastewater projects
- Parks
- New City facilities, such as a library, or City Hall
- An electric transmission line project or an electric transmission switching station
- A sanitary sewer lift station
- Construction of a library, museum, public business, park or utility installation
The proposed public project or modification to an existing project may be justified with arguments that it would allegedly benefit a broad segment of people in your City, County or State. Most of the time, the condemning authority does, indeed, have the legal right to take your property. But, not always. And, sometimes, what you thought was a public use turns out to be something different. But, you might not know that unless you have an experienced trial lawyer who knows what documents to ask for and knows how to review them. You should get legal counsel as soon as possible and not let time go by before irreversible actions are taken unfairly against your property.
If the government is ready to exercise eminent domain to take your property, it is important for you to understand the condemnation process. Knowledge is power, and if you know what to expect, you will be ready to do your part to assert your property rights. Fighting back may include:
- Getting expert appraisals of the impact that condemnation of all or part of your property will likely have on the value of that property.
- Insisting on your right to reasonable notice and the right to be heard and give impact statements to the government body that has its sights on your property.
- Presenting compelling evidence regarding the amount of adequate compensation that you should receive if the proposed project goes through.
Matt Hurt is a former civil engineer with 20 years of experience handling both sides of eminent domain cases. He understands what is at stake for property owners and how to present a compelling claim for the compensation a landowner needs and deserves.
FAQs: Texas Private Property Condemnation
If you are facing the condemnation of your private property in Texas, understanding the legal process and your rights is essential. The answers to these commonly asked questions can offer clarity and guidance.
What is the legal basis for the condemnation of my property?
Under the Texas Property Code and the Texas Government Code, the government and certain private entities can initiate condemnation proceedings under the state’s eminent domain laws. These laws allow the taking of private property for public use in exchange for just compensation.
Allowable uses include infrastructure projects like highways, railways and public utilities, as well as public facilities like schools and parks. In some cases, property may be taken for economic development that serves a public interest. However, this use must meet legal standards to ensure it genuinely benefits the public, and property owners are entitled to fair compensation.
What are my legal rights and options in a Texas condemnation proceeding?
As a property owner, you have several legal rights and options during the condemnation proceedings: These include the right to:
- Adequate compensation: You are entitled to receive fair market value for your property.
- Negotiate: You may negotiate with the condemning entity for a mutually agreeable compensation amount.
- Legal representation: You can engage an attorney to protect your interests and negotiate on your behalf.
- A hearing: Before your property is condemned, you are entitled to a hearing before a panel of three special commissioners who determine the compensation amount.
If you are dissatisfied with the amount awarded, you also have the right to appeal to a judge or jury.
How is compensation determined in a condemnation case?
The proposed compensation is determined based on the fair market value of your property. This includes the value of the property being taken and any damages to the remaining property.
The condemning entity must provide a written appraisal from a certified appraiser detailing the compensation owed. If you disagree with the appraisal, you can hire your own appraiser to assist in the process. Our lawyers can connect you with a reputable, honest appraiser.
Texas Condemnation Lawyers Who Stand Up For Your Property Rights
If eminent domain carries the day, forcing you to vacate and sell part or all of your property, a strong legal defense is essential for your viability and bottom line.
Turn to the Law Office of Matt Hurt, PLLC, for the legal representation you need when your property rights are at risk. Get the information you need about concepts such as due process and determination of adequate compensation for your land. Matt can argue that the proposed use of your land is not a public use and/or will not benefit the community enough to justify your pending losses. Alternatively, he can make a compelling case for your right to adequate compensation.
To schedule a consultation after you have received notice of a plan to condemn your property, call 214-302-0557 or send an email inquiry to the firm.
