Message Us
Call Us Your Property Rights Under Texas Eminent Domain Law
By Anderson, Cummings & Drawhorn, LLP on June 13, 2018
Under Texas’ eminent domain law, the government — and private companies in some circumstances – can exercise condemnation powers in order to force property owners to sell their property for a public purpose. This power may sometimes be used to take property in order to build new roads, run pipelines, run power lines, build parks, construct commercial shopping centers and for other reasons that are to benefit the public.
Table of Contents
However, the government must compensate the property owner in a fair manner before asserting this power. Problems may arise when the government tries to take property for an improper reason or tries to give the property owner much less than the fair value for the property.
If you have received notice that your property is being taken under eminent domain, contact an experienced Fort Worth eminent domain lawyer at Anderson, Cummings & Drawhorn, LLP. Our attorneys can represent you every step of the way in an eminent domain condemnation proceeding to ensure that you receive fair and just compensation for your property.
Call (817) 920-9000 to schedule a free consultation with an experienced attorney today.
What Should I Do if the State Wants to Buy My Property?
Although many people work for years to buy a home and other real property and take great pride in this ownership, the government has the authority to force a property owner to sell his or her property to the government for a necessary public use. However, the government is required to pay the property owner just compensation to take the property.
If the parties do not agree on the property value, the government can file a petition. Before implementing the condemnation process to force the owner to sell, the government is required to:
- Conduct an appraisal on the property
- Try to purchase the property through a typical real estate property transaction
- Make an offer in writing
If the property owner still refuses to sell the property, eminent domain is often carried out through the condemnation process. A board of three special commissioners is then appointed to review the case and determine a fair price for the property.
If either party disagrees with the decision by the commissioners, they can appeal the decision. At this point, it is especially important for private parties to be represented by legal counsel because of the technical requirements and the desire to protect a person’s property interests.
How Can a Lawyer Help Me?
A lawyer can help you with all aspects of eminent domain matters. First, he or she can investigate to determine whether the governmental agency or private company is planning to use your property for an appropriate purpose.
The property must be used for the benefit of the public in order for eminent domain to be triggered. Permitted uses include using the property for:
- Highways and roads
- Railroads
- Bridges
- Schools
- Commercial structures
- National defense purposes
Under Texas law, increasing tax revenue and economic development cannot be the primary reasons to take land unless doing so would alleviate harm to society that would otherwise occur because the property is unsafe.
The Texas state constitution prohibits taking or destroying property without adequate compensation. A lawyer at our trusted law firm can hire an expert to evaluate the property properly and render a decision about its estimated value, so that you can maximize the compensation you receive.
Contact Us to Discuss Your Legal Options
If you receive notice that the government is planning to take your property, the best thing that you can do is to contact an experienced attorney who can help you navigate this complex process. At Anderson, Cummings & Drawhorn, LLP, our legal team can help evaluate the offer of compensation you receive for your property and determine if this is just compensation.
If the offer is for less than your property’s value, we can engage experts to fully evaluate your property so that you can receive the compensation you deserve. Our attorneys can also help you negotiate a fair compromise for your property value. If necessary, we can protect your property interests in court.
Our firm charges no upfront fees, and we offer a free, confidential, no-obligation consultation. We have decades of experience in personal injury law, car accident cases, property law and beyond, and we can put those skills to work on your case as well. Contact us today to schedule a free consultation to discuss your claim.
Call (817) 920-9000 or fill out our Free Case Evaluation form to have a knowledgeable lawyer review your claim.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive guidelines. This page was approved by attorney Seth Anderson, whose team has more than 50 years of combined legal experience in helping victims of personal injury seek justice.
Recent Blog Posts
VW Emissions-Cheating Settlement Formally Approved
November 08, 2016
Last month, a federal judge formally approved the largest auto scandal settlement in U.S. history, with Volkswagen (VW) agreeing to settle its emissions-cheating scandal for $14.7 billion. If you own one of the 475,000 VW automobiles with fraudulent emissions software, the settlement offers two ways for you to receive compensation:...
Read Article
Hailstorm Causes $600 Million in Damages
March 24, 2016
The Insurance Council of Texas, an industry trade group, estimates the damage from last Friday’s severe hailstorm will reach $600 million in auto and property damage claims. If those numbers prove to be correct, Friday’s storm would be the 12th most expensive storm in Texas history. Mark Hanna, a spokesperson...
Read Article
Safety Tips for St. Patrick’s Day
March 16, 2016
Alcohol consumption is a part of many St. Patrick’s Day celebrations. As a result, from 2009 to 2013, there were 276 St. Patrick’s Day fatalities resulting from drunk driving accidents in the United States. As you make your party plans for tomorrow’s festivities, put these safety tips in place to...
Read ArticleRequest a Free Case Evaluation
Tell us about your accident and your injuries. An injury lawyer from our team will call and provide you with a free evaluation of your case. If we can help, and you are unable to travel, we will come to your home, office, or hospital. It’s easy – let’s get started.
Email Us Anytime
Email us anytime and we will get back to you.
We’ll Come To You
Our attorneys will come to your home, office or hospital at your convenience.
Available 24/7
Our team is ready and waiting to help you today.
