Homeowners and those who invest in real estate often become very attached to their holdings. Their real property represents a significant portion of their personal wealth and may be the location of many of their most prized memories. They may even own farmland or commercial properties that provide them with income.
People may feel panicked when they learn about a public project nearby. Highway expansions and similar projects can put real estate at risk. Provided that a large project is for the public benefit, Texas allows authorities to acquire real property from individual owners. Sometimes, those property owners do not want to part with their real estate holdings.
Can someone whose parcel is located near a large public project refuse to sell in an eminent domain scenario?
Authorities can condemn the property
When people hear the word condemnation, they often think of a house that is structurally unsound that is unsafe to occupy. However, condemnation proceedings in Texas relate to eminent domain situations. When the authorities developing a project cannot reach an amicable sale arrangement with property owners, Texas law allows them to take the matter to court.
Condemnation proceedings typically result in the forced sale of a property at the end of a complex judicial process. Property owners do have rights, but those rights take a backseat to the public good in such scenarios.
Occasionally, homeowners can avoid condemnation if they can challenge the claim that the project is for public benefit. Other times, they might be able to challenge the inclusion of their parcel if it is not truly necessary for the completion of the project.
In many cases, the best form of recourse available to the property owner facing condemnation is to seek more compensation. The amounts offered for the purchase of real property in an eminent domain scenario may not reflect what the property is actually worth. Appraisals and other professional evaluations can help property owners counter an unreasonably low price in an eminent domain situation.
Learning more about how the Texas courts handle condemnation and eminent domain cases can be beneficial for worried property owners. Those who understand their rights can more effectively protect their ownership interests, or at least push for appropriate compensation for the sale of their properties.