Eminent Domain Texas is the government’s right or the right of companies granted permission by the government to seize private property for use by the public. The reason must be legitimate, such as using the land for parks, utilities, libraries, schools, and roads. The government has to issue compensation to the original owners of the land that is to be taken for public use. When a government utilizes its right to eminent domain in Texas, the private land in the picture must be appraised by a condemning agency. As a result, an offer is made from the appraisal. The appraisals are often below the market value and don’t consider any other relevant fact associated with the property. This leads to offers that are neither just nor adequate, which the owner is entitled to according to the law in Texas.
The Condemnation Laws in Texas
Eminent domain Texas is governed by several laws on the state and federal levels. The laws were established to ensure that the property owner’s rights are maintained and prevent the company or government from abusing power. There are two primary laws that govern eminent domain and which property owners should be familiar with. The first law states that there should be just and fair compensation made for the property. The other law states that the intended use of the land should be for public benefit or use.
Property owners have a legal right to get just and fair compensation for their land being condemned. This has led to disputes since many landowners feel that the compensation given is neither just nor fair. Many attorneys are forced to take up cases where the compensation offered is below the property’s market value. As a land owners, hiring an experienced attorney to guide them through the land condemnation process is essential. This is so because many property owners do not understand their rights, and it becomes necessary to seek legal advice.
Legally Fighting Land Condemnation
Fighting land condemnation is not easy; however, fighting it is sometimes necessary. If a land owner can prove that the property in question is not intended to be used for public benefit, the land will not be taken under the law. On the other hand, property owners can also fight for more compensation when they believe the compensation offered is insufficient. It is a common tactic for condemning authorities to come up with low offers to property owners. Their main aim is securing the property at an extremely low cost. Nevertheless, the laws of Texas and the constitution give landowners the right to receive adequate, fair, and just compensation for their condemned land.
Most landowners have no idea of their rights as landowners, especially when the government comes after their land for condemnation. With little information, such people often lose their land for very little compensation. Therefore, it becomes critical for property owners to rely on attorneys’ expertise to win fair compensation during the process. The laws are complicated for ordinary citizens to comprehend on their own. However, an attorney will understand the finest details and use them to the property owner’s advantage. Therefore, the next time a person faces land condemnation, their first stop should be at an attorney’s office.
How to Get the Right Attorney to Plead an Eminent Domain Case
Those with the property the government intends to condemn can hire an attorney to help them receive fair compensation. Additionally, the attorney can help them retain their property if the intended use isn’t for the public benefit. One needs to look at several factors to settle on the best attorney for your case. First, the attorney must have the right training and experience handling such cases. Next, the attorney needs to have a practicing license in Texas. Finally, exploring their track record is also essential in understanding how effectively they handle the cases. With these factors in check, one can find the right attorney to help them fight land condemnation cases in court.
Conclusion
Eminent domain is common in Texas, especially if the government intends to use the land for public use. However, the compensations offered by the government are often very low. The property owner has the right to fight for a fair and just offer. They can do this by hiring an attorney to help them understand their rights and fight for better compensation or, better still, their land.