Has Your Land That Is Held for Future Development Been Targeted For Condemnation?
Many property owners are familiar with the application of eminent domain for the purpose of facilitating the construction of infrastructure for public use such as highways, bridges and schools. Because Texas is booming with population and business growth, the need for land for houses and related development is at a fever pitch. Local governments and the Texas Department of Transportation (TxDOT) are struggling in many cases to keep up with the growth. Many times these governmental entities, as well as many quasi-public entities, such as Municipal Utility Districts (MUDs), Special Utility Districts (SUDs), Water Districts and Flood Control Districts, are using eminent domain or condemnation to condemn land that appears to be vacant farm land, not realizing that the land is actually a future development merely waiting for developers or investors to go through the development process.
Property that has been platted, preliminarily platted, or that has been zoned or is subject to a Planned Development (PD) zoning ordinance can appear at first glance to be just another farm or ranch to some who work for the government, but investors and developers know better. They know the true value of what they hold and they know what the next steps are to maximize that value in the near future.
Often these situations unfortunately lead to the highest differences of opinion in valuations between landowners and the government. In those cases, you need an attorney experienced with the development process who will understand how to maximize your recovery or settlement.
Matt Hurt will monitor each step of the process and seek to protect your interests all along the way. His advocacy will help you and the government to understand how your property is or will be affected by condemnations for future public (or even some private developments). At the Law Office of Matt Hurt, PLLC, he is available to provide representation and protect your property rights by:
- Calculating the market value of your property just before a taking and after a taking.
- Analyzing the location of the taking on your property and the specific geometric or other engineering constraints that it may create for the property.
- Fighting for proper financial compensation, and occasionally, other non-monetary benefits, that will help sustain the value and usability of your property.
Matt Hurt represents property owners in Texas. Although he has seen a myriad of property uses and businesses and property types, every piece of property is different in size, shape, terrain, slope, soil types, availability of utilities, access, median income in the area, adjacent traffic counts, etc. The list of factors and nuanced differences of properties could go on endlessly. But because of this, in each situation, the best solution for your property may not be the same as your neighbor’s property. Matt customizes legal strategies for what may be best for each property owner client. This may include negotiation, mediation, a jury trial including the use of experts, or even post-trial appeals.
Problems Associated With Condemnations For Future Developments
One of the biggest problems that Matt sees routinely when the government is taking land that is primed for future development is the government’s inexperience in development and unfamiliarity with how impactful small things can be. Just because a property is being farmed or used for grazing does not mean that the highest and best use of the property is for agricultural purposes. Just because a property is zoned for agricultural purposes does not mean that is how the property should be valued.
Another problem associated with condemnation of lands to be developed in the future, particularly in the rapidly growing areas of Texas, such as the counties that are outside of the larger cities, is that the market value of land can change so quickly that a comparable sale that the government uses from two or three years ago may be obsolete. The government is not well equipped to pay its experts to adequately keep up with these fast-changing market factors. You need a lawyer who is as plugged in to the market as possible. This is not always easy, but it is fruitful.
Get An Attorney On Your Side To Protect Your Interests
To help ensure that your compensation will be adequate if the condemnation of your property prevails, consult with Matt Hurt. As a property owner, stand up for your right to be compensated appropriately for condemnations associated with future developments. To schedule a consultation, call 214-302-0557 or send a message.
