Texas Real Estate
Commercial and Residential Property Transactions
Eminent Domain
The term eminent domain refers to the right of the government or certain other authorized private entities to take private property from individuals or corporations for public use. Note, however, both the U.S. Constitution (Fifth Amendment) and the Texas Constitution (Article I, Section 17) forbid the seizure of private property without just and adequate compensation. Some common examples of eminent domain uses include for the creation of, maintenance of, or expansion of public roadways, highways, government offices, schools, public parks, and utility services.
If you’ve received notice that your real property will be taken from you either via Eminent Domain or Condemnation proceedings by the Government or a private company, know that you, as a landowner, have constitutionally protected landowner rights that require you to be justly compensated for your property.
These proceedings move quickly with both government entities and/or private companies looking out for their best interests rather than yours. If you engage The Santos Law Firm, PLLC, your best interests are demanded immediately in order to fully protect your property rights. A thorough examination of the proposed use of the property shall be initiated in order to determine whether the subject property is required for a legitimate public purpose.
Typically, once the government and/or private entity determines that the property is required for a legitimate public purpose, an appraisal of the subject property is made by the government and/or private entity and then after such determination, an offer is made to the landowner(s). Keep in mind, however, their interests are placed ahead of yours. In most cases, the initial amount offered is lower than the just and reasonable fair market value of the property being seized. The Santos Law Firm, PLLC will dispute the initial amount offered and demand consideration of an impartial appraisal of the subject property and the impact it may have on any remainder tract in order to ascertain the most accurate fair market value of your property. Impact on the remainder tract may include loss of use and enjoyment, business interruption, relocation, and other losses that you are entitled to be compensated for.
