Defending the Property Rights of South Texas Landowners in Condemnation and Eminent Domain Cases

Is the government attempting to take your property out from under you in an eminent domain case? Depending on the circumstances, you may be able to challenge the condemning entities and save your property, or at the very least obtain a more favorable compensation package. In some eminent domain and condemnation cases, government entities offer low values to property owners, and those private property owners deserve the right to fight for what they are entitled to.

Our McAllen-based law office has extensive experience representing clients in both court and out-of-court proceedings in eminent domain cases. To learn more about the benefits of retaining our legal services, please schedule your free consultation with our experienced attorneys today.

What is Texas Eminent Domain Law? 

Eminent domain is the power of an entity to acquire private property or land for public use. In most eminent domain cases, the entity seeking to acquire property for public use is typically a state or federal government body.

Eminent domain can be exercised for various reasons, but Texas cases typically involve the construction of roads or oil pipelines. Other examples of eminent domain in Texas include the construction of utilities, parks, bridges, schools, and other public properties for the benefit of the public to access and utilize.

Texas landowners facing the threat of eminent domain should seek the legal assistance of experienced attorneys well-versed in these practice areas. Our eminent domain attorneys will help explain your legal options for either fighting against the eminent domain claim or arguing for adequate compensation for the landowner’s property.

Specific requirements must be met as outlined in the Texas Constitution. The Lone Star State offers stronger property rights protections than most other states across the country. To learn more, please get in touch with our law office with any questions or concerns you may have.

What Factors Are Used to Calculate Fair Compensation?

When government entities or legally authorized private companies attempt to take a property owner’s land, that property owner is entitled to just compensation. A fair agreement for compensation places property owners in strong financial positions similar to what they had before the eminent domain taking occurred.

The primary measure of Fair compensation in an eminent domain case is to evaluate the property’s fair market value, which represents the price that a willing buyer would offer if the property or business were sold under usual circumstances. To arrive at a fair agreement, a careful valuation process is necessary.

Among the key components that must be considered when determining fair compensation are the following:

• Fair market value of the taken property
• Perceived loss or reduction in value to any remaining property (also known as damages to the remainder)
• Depending on the situation, costs associated with relocation will also be considered
• Considerations on the impact of access, usability, or future development potential

Have You Received a Condemnation Notice? 

Eminent domain typically refers to the authority of government authorities to acquire private property for public use. Federal, state, and local governments, as well as private companies operating under their authority, possess this authority. Eminent domain takings can only be used for public use. Condemnation is the legal process by which the government completes the taking of private property. Several steps and procedures must be followed to complete the condemnation process and compel property owners to relinquish their land.

Our condemnation lawyers will carefully review your case to determine your legal options, including potentially challenging the condemning entity’s authority and purpose.

Can Property Owners Fight Eminent Domain and Condemnation Actions? 

It’s not always possible to fight back against the condemning entity that’s seeking to claim your property. In some instances, however, it may be possible to challenge the condemning authority, such as by establishing that the government is not claiming the property for legitimate public use.

Property owners must hire condemnation attorneys to represent their interests and help them pursue the most favorable outcomes possible in their cases. Our law firm has years of combined experience representing clients in these legal matters, and we would be proud to represent you as well.

How Can Our Eminent Domain and Condemnation Attorneys Protect Your Interests?

It is unwise to proceed with an eminent domain case without hiring legal representation to defend your interests. Our attorneys are well-versed in these practice areas and can help you fight for a favorable resolution to your legal issues.

Lawyers knowledgeable in condemnation and eminent domain laws can provide valuable legal support in the following ways:

• Thoroughly evaluate your eminent domain and condemnation case to determine your legal options
• Negotiate for the maximum compensation available in your case so that you get what you are rightfully owed
• Challenge the eminent domain action, such as questioning the condemning authorities, and fight back throughout the legal process
• Defend your property rights throughout the entire legal proceedings
• And more

Contact Our South Texas Law Firm to Schedule a Free Case Review with Experienced Eminent Domain Attorneys Today

Government entities cannot take property from Texas landowners unless they provide fair compensation in return for their property and land. If an eminent domain action violates your constitutional rights, our eminent domain lawyers will do everything possible to protect your legal rights in a court of law.

Our law firm proudly provides exceptional legal representation to clients throughout McAllen, TX, as well as surrounding areas, including the Rio Grande Valley. To learn more about the benefits of retaining our legal services, please contact our law firm to schedule your free, no-obligation case evaluation today.

You can reach our legal team by calling us at (956) 201-7787.