Has Your Property Been Threatened With Eminent Domain?
Last updated on September 5, 2024
Eminent domain, also called “condemnation,” is the power of the state or federal government to condemn and force the sale of private property that is necessary for a public use. As the Texas population has grown, its need for basic infrastructure – highways, roads, rail lines, electric transmission lines, gas pipelines, water pipelines, and other public projects – has led to the power of eminent domain being delegated to certain private companies. With the growth of the Texas economy and population unlikely to slow down, there is an increasing chance that all or part of your property might be condemned for a pipeline, transmission line, road or other public use.
However, a property owner, whether commercial, residential or rural, is not left solely to the whims of the entity seeking to use its power of eminent domain. Specifically, the United States and Texas constitutions require that the property being condemned must be put to a public use and that the property owner must be paid just compensation. As a result, some of the most intensely debated and litigated matters in a condemnation proceeding are whether the property will be put to a public use, whether the property owner is paid just compensation, and whether the entity even has the power of eminent domain.
Frequently Asked Questions About Eminent Domain For Texas Residents
Below are several answers to frequently asked questions we often receive from clients.
What is considered “just compensation” under eminent domain?
Under the law, just compensation is determined by the fair market value – the price a willing buyer would pay in an open market – at the property’s highest and best use. However, this value can be difficult to determine and will almost certainly be more than what the company if offering to pay.
One of the first steps is to determine the fair market value of that property at the current time. The real estate market is always changing, and what qualifies as just compensation is a common point of contention between the government and landowners during eminent domain proceedings.
What are some examples of property taken for eminent domain in Texas?
Generally, eminent domain can only be used when property is being taken for a reason that serves the public. This often involves infrastructure, like building railroads, bridges and highways. It can also focus on gas pipelines, sewer lines, electric lines and other utilities. In some cases, property is taken for military purposes, such as constructing a base or an airfield.
What if I do not agree with the offer price for my Texas property?
You have legal options if you think you are not being paid fairly. You may need to bring in a property appraiser to determine the specific value of your property if you list it for sale on the open market. This can help ensure the government’s offer compensates you accurately.
Do I really need a lawyer for my Texas eminent domain case?
As property values keep going up, it’s crucial to get the money you deserve. The eminent domain process can be complex and confusing, but working with an experienced legal team helps you protect your rights. It also helps you hold the government accountable for unfair treatment and allows you to fight for the correct level of financial compensation.
Negotiating Easements
Frequently, a company or governmental entity seeking to utilize its power of eminent domain is looking to acquire an easement, or right-of-way, across a portion of the property to install pipelines, transmission lines or roads. Nevertheless, the property owner is still being forced to sell property, and he or she needs to take proactive steps to adequately protect current and future property and financial interests. The first step should be to contact an experienced and capable condemnation lawyer.
A Thorough Understanding Of Easements
The attorneys at Wetsel & Lederle, LLP, are highly skilled and will ensure that the easement fully protects current and future property owners while at the same time restricting the rights of the company acquiring the easement.
The Help Of A Skilled Texas Legal Team
If you have been approached by a company seeking an easement or your property has been threatened with eminent domain, you need an experienced and capable condemnation lawyer.
With decades of combined legal experience in the complex and nuanced area of eminent domain law, the team at Wetsel & Lederle, LLP, has the skill and knowledge to help. Learn about your rights and legal options during an initial consultation. Call 800-787-0784, or contact the firm online.