REAL ESTATE LAW & EMINENT DOMAIN

What Is Eminent Domain?

Eminent domain is the ability and power of the U.S. government to take private land for public use, given certain conditions have been met. This right and power are protected by the "takings clause" under the 5th amendment. Although this power is not absolute, the land must be used for public purposes, and above all, must be taken with compensation. While the Texas government has the power to assume control or "take" private land through eminent domain, such "taking" must be done with a due fair process and with just compensation for the property owner. 

When Can A Government Exercise Eminent Domain?

The reason behind the evoking of Eminent Domain varies from a case-to-case basis, although a common fact behind all of them is for the beneficial use of the public. This could be in the form of government buildings, such as post offices or other public service commodities, transportation, such as roads, railroads, tunnels, and bridges, public structures (such as water supply), public use parks, and lastly in extreme cases assistance in war efforts and production of war materials. For example, the following are areas in which Texas governments have invoked eminent domain in the past:

• Construction of new roadways and lines;

• Construction of new infrastructure projects;

• Utility construction (e.g. utility lines, gas pipes, water & sewage lines);

• Stadium construction for sporting venues;

• Conventions centers; and

• Public parks.

Our Dallas eminent domain attorneys can advise you on a wide range of legal matters including commercial purchases, liens, and eminent domain. We also perform real estate litigation, commercial litigation, lawsuits for specific performance, and breach of real estate contracts. When you work with our firm, you can rest assured you will receive direct legal counsel from a well-versed lawyer in business, corporate, and commercial law. 

What Is The Condemnation Process In Texas?

Texas law establishes a law that governments and private companies must follow when initiating the condemnation process. This process is generally known as the "Texas Condemnation Process."  Although the process can vary depending on the type of property at issue, the condemnation process will consist of the  following:

Notice Requirement: A private property owned noticed that his property is being considered for eminent domain, and he or she is advised to seek legal counsel as he must know his legal rights;

Offer & Negotiation: The property is appraised, and a formal offer is given for the property. The government and the property owner will discuss and debate the "fair market" value of the property or land; 

Commissioners’ Hearing: In the event of, a disagreement, over value, etc., the government may file  a petition in a court at law and begin the process to set up a special commissioners’ hearing for an appointment of special commissioners. These special commissioners will hear all evidence and, eventually, decide in favor of the property owner or government; and

Appeal: In the event of an unsuccessful trial, either party may appeal the decision to a court of appeals.