Real Estate Condemnation Law pertaining to condemnation is quite complex and can be confusing.
To protect your rights as a property owner, you need sound legal representation from a knowledgeable lawyer who specializes in condemnation.
Owning a piece of land or an area of property can be one of the greatest accomplishments in life. Having your own space is great because you have the freedom to do whatever you want with it. However, the government can take this freedom and landownership away due to its ability to exercise its power of eminent domain.
Whenever the government seizes private property under eminent domain, the legal process by which it carries out the seizure is known as condemnation. Even though the government can carry out the condemnation process for public use of the land in question, it is important for property owners to know their rights and various options when faced with condemnation notices. Only an attorney who knows the multiple facets of eminent domain and condemnation law can fully assist property owners and enable them to make informed decisions when the government wants to condemn their property.
A Deeper Look Into Condemnation
For a piece of private land or property to be condemned, law states that the government must have a specific public purpose in mind. Private land can be seized to accommodate a myriad of public facilities including: roads, highways, sewer lines, electric power lines, schools, parks, housing developments, municipal buildings and others.
“Governmental entities cannot simply condemn a piece of land and send the owner away; they must provide him or her with just compensation.”
Whenever they have specific plans to use a piece of land for public or civic use, federal, state and local governments have the power to carry out the condemnation process. However, these governmental entities cannot simply condemn a piece of land and send the owner away; they must provide him or her with just compensation. To receive the maximum amount of compensation for a private property facing condemnation, property owners should seek counsel and/or representation from an experienced eminent domain attorney.
Why You Need A Condemnation Lawyer
The condemnation process is complicated, time consuming and requires expert knowledge about eminent domain and condemnation laws and procedures, which encompass multiple areas such as zoning, land appraisal and environmental viability. Further, land condemnation is subject to four restraints:
- Public use – What public purpose will condemnation of the land fulfill? Public use can be difficult to define and varies from case to case.
- Public Necessity – How much land needs to be condemned? The government should not be entitled to any more land than is absolutely necessary for its proposed public use.
- Compensation – In the state of Texas, government entities are required to give landowners adequate compensation for condemned property, which, put simply, refers to the property’s market value under normal conditions.
- Due Process – For the government to condemn a parcel of land or property, it must provide the owner with practical notice and the opportunity to offer a claim or defense.
To successfully navigate the condemnation process and protect your rights as a property owner, you need an attorney who can act on your behalf with your best interests at heart.
Contact Our Attorneys When Faced with Condemnation
If you have been given a notice of condemnation, contact our experienced eminent domain lawyers for sound legal counsel and representation. Call us at (940) 387-3518, or contact us here to set up a consultation regarding our condemnation services.
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