When All Or Part Of A Texas Commercial Property Is Targeted For Condemnation

Has the property where you operate your business been threatened by a notice of condemnation for a public use or project? For example, you may be:

• A restaurant owner whose on-site circulation or parking will change because of a taking for an adjacent roadway or highway widening.
• A commercial property owner whose site may no longer be able to comply with laws in the Americans with Disabilities Act (ADA) without significant alterations to the property because of a taking and a public project.
• A commercial property owner whose previously non-conforming property will be impacted by a taking or by eminent domain to such an extent that the property must be brought into full compliance with current zoning or construction standards.
• A property owner with a water well that will be stranded from other parts of the property that were served by the well.

If you are in a predicament over actual or threatened eminent domain proceedings involving your property or that of an adjacent property in Texas, the Law Office of Matt Hurt, PLLC, can be your source of information and legal support.

When Commercial Property Owners Need Advocacy

Owners of commercial properties often seek out legal representation when they have received notices that their properties will be seized or taken. Their commercial properties may sustain damages to land remaining after such a taking, such as:

• A decline in market value of the remaining property as a result of the condemnation(s) and the public use project.
• Special damages such as the loss of important frontage, loss of access or a substantial reduction in useful access to a key road or highway, loss of a water source and/or other essential resources, or loss of land on an industrial or commercial site that makes it impossible to be served by 18-wheelers or other large trucks for deliveries or shipping.

If you bring a lawsuit to protect your property rights because of damages to your property, or if the government files or threatens to file a case against you for a taking, then the condemning entity (a government or a private organization authorized to condemn properties) may counter that your property will not only not be damaged by the project, but that it may benefit from new infrastructure being built. This is an example of why it is important to have qualified and very experienced legal counsel in an eminent domain case. Matt Hurt has a civil engineering background as well as two decades of private law practice experience, having practiced exclusively in the area of eminent domain for over 20 years.

If you work with Matt, he will evaluate your commercial property’s vulnerabilities in light of a pending condemnation. He will help you decide on the most promising path forward to protect your property rights.

Frequently Asked Questions About Texas Commercial Condemnation

The condemnation of commercial property in Texas can be complex and daunting for business owners. Here are answers to some common questions to help you understand your rights and options in these situations.

What is the legal basis for the condemnation of my commercial property?

In Texas, the government or authorized entities can legally condemn private and commercial property for public use under the principle of eminent domain.

Common justifications for commercial condemnation include expanding public utilities, infrastructure projects like highways and railways, and to benefit schools or other public facilities. The condemnation must serve a legitimate public purpose and follow due legal processes.

If you believe the condemnation lacks a valid public use or that the process has not been properly followed, you may have grounds to challenge it.

What are my rights and options as a business owner in a condemnation proceeding?

Business owners have various rights and legal options when facing condemnation. You can challenge the necessity or validity of the condemnation if you believe it is unjustified. This may involve proceedings where you can present evidence and arguments against the taking.

You also have the right to fair compensation for your property, which should reflect its market value and potential damages. An experienced eminent domain attorney can help you through this process and shield your interests.

Will my business operations be taken into consideration for compensation in a condemnation case?

Yes, part of the process of determining compensation for condemnation should involve a careful consideration of your business operations. The amount proposed should account for not only the market value of the property taken but also any financial impact on your business.

Examples of financial impacts include:

• Relocation expenses
• Loss of business goodwill
• Costs of reestablishing your business elsewhere

Proper valuation is essential to ensure you receive adequate compensation. Our team works with appraisers and financial analysts to accurately assess these factors, staying a step ahead of government offices. We aim to make certain you get fair compensation for your commercial property.

Inquire About Texas Landowner Rights For Businesses Facing Condemnation

Regardless of whether it is a government agency condemning your property or a private entity authorized by the Legislature to do so, you should explore your legal options.

Bring your questions, such as “Can the government take my business under eminent domain?” to the attention of Matt Hurt. Schedule a consultation by calling 214-302-0557 or sending an email message.