Most property owners in Texas expect to have total control over their real estate holdings until they sell the property or transfer it to another owner. That is typically true, but a small percentage of owners can lose their ownership rights because of a nearby project.
The eminent domain laws in Texas can grant condemnation authority to certain parties for the completion of a project intended for public good. Many condemnation scenarios involved road expansions or utility infrastructure development. State agencies and outside parties may have the necessary legal authority to condemn property or force the owner to sell it if they do not agree to do so voluntarily.
Those responding to condemnation attempts often have several options available to them. Challenging the claim that a project meets the necessary standards for eminent domain laws can be a viable strategy in some cases.
Not all projects are truly for public benefit
In scenarios where state authorities must acquire property to construct new highway lanes or access ramps, nearby property owners probably can’t dispute the claim that the project is for public benefit. However, when the project involves a for-profit business, there can be more of a gray area.
When a company wants to acquire property to establish a renewable energy project or work on another project that may be beneficial for the business first and foremost. Even it is somewhat beneficial for members of the public, there may be reason to challenge the use of eminent domain laws and condemnation proceedings to acquire property. Sometimes, multiple property owners take action jointly to increase their chances of success.
That being said, the state can authorize private entities, including for-profit businesses, to initiate condemnation proceedings when acquiring land for certain projects. The property owners trying to protect their assets generally need a compelling case to convince the courts that the project is more about private profit than public benefit.
There are other options for those responding to eminent domain claims, including countering the amount offered a real fair market value of the property. Discussing a situation that might put real property at risk due to condemnation with a skilled legal team can help property owners choose the most informed tactic for responding in court.