When Texas Eminent Domain Threatens Your Property
Condemnation is a term of art used to describe the process by which a governmental entity exercises the Power of Eminent Domain to force a property owner to sell and vacate all or part of their property for an alleged public use or for the benefit of a public project. If a public project or eminent domain threatens your land or property, turn to an attorney with a strong track record. Regardless of the type of land you own, everyone is entitled to receive Just Compensation for a taking. The lawyer you choose should be committed to and experienced in helping landowners defend their property rights.
At the Law Office of Matt Hurt, PLLC, you will find an experienced eminent domain lawyer who also has a civil engineering background. Matt ONLY REPRESENTS LANDOWNERS LIKE YOU. HE WILL NEVER, EVER, EVER HELP THE GOVERNMENT OR A CONDEMNING AUTHORITY. He is ready to represent you in any legal forum to help you stand up for your rights.
How Is The Taking Of Your Property Justified?
Highways, bridges, schools, lakes for water supply, pipelines, powerlines, and utilities benefit the public in most cases. They are common reasons for the application of the government’s Power of Eminent Domain to take parts or all of a person’s property. The expansion of a highway or the construction of a dam for a lake that provides water often requires the exercise of the Power of Eminent Domain through the legal process known as “condemnation.” This process often affects a myriad of real estate types, including retail, commercial, industrial, future development, residential, environmental mitigation banks, ranches, factories, office buildings, restaurants, parking lots, etc. If you can think of it, the government can try to take it. Matt has experience in negotiating, settling and sometimes taking cases to trial, for landowners with the following types of properties: lakes, plants, houses, office buildings, ranches, platted developments, residential developments, national chain restaurants and industrial uses.
What Is Just Compensation For Texas Eminent Domain Takings?
When the government or a private entity with legal authority takes private property in Texas, the property owner is entitled to just compensation. This compensation is meant to place the owner in a financial position similar to what they had before the taking occurred.
The core measure of just compensation is the property’s fair market value, which represents the price a willing buyer would pay to a willing seller under normal conditions.
Just compensation in Texas eminent domain cases focuses on accurate valuation. The valuation should reflect the property’s highest and best use, even if that use differs from its current use.
For example, land currently being used for agriculture may have a higher value if it is located in an area primed for commercial development. Property owners must understand that initial offers from condemning authorities may not reflect the true fair market value. These offers are commonly based on appraisals commissioned by the acquiring entity, which may not represent the owner’s full financial loss.
There are key components that may be considered when determining just compensation:
- Fair market value of the property taken
- Loss or reduction in value to any remaining property, known as damages to the remainder
- Costs associated with relocation (depending on the situation)
- Impact on access, usability or future development potential
These elements help in creating a complete picture of what the owner is losing. Knowing them is critical because compensation is not limited solely to the value of the portion taken. It may also account for how the taking affects the property that remains. Property owners may overlook damages to the remainder, yet this category can influence total compensation when only part of a parcel is taken.
Disputes frequently arise over valuation. If the government and the landowner cannot agree on compensation, the matter may proceed to a special commissioner’s hearing and potentially to court.
Because the stakes are high, working with a Texas eminent domain lawyer can help ensure the valuation is properly supported and that no compensable loss is overlooked.
Get in Touch With Teaxs Eminent Domain Lawyers Who Understand The Condemnation Process
You do not have to just let the seizure of your property take hold without consideration of your rights. A Texas eminent domain case can turn around in your favor with quality legal counsel on your side.
To schedule a consultation, call 214-838-0262 or send an email inquiry. Matt or a member of the team at the Law Office of Matt Hurt, PLLC, will get back to you soon and facilitate a discussion about your case.