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Eminent domain dispute involving church heads to litigation

On Behalf of | Oct 13, 2020 | Eminent Domain

Eminent domain is a complex area of Texas law in which it may be difficult to categorize “right” and “wrong.” People who own property might not be aware that the government can seize land if it determines it is necessary to do so. The property owner will be compensated for the value of the land, but in many instances, they do not want to surrender the property and will try to prevent it from being taken. For those who are confronted with this situation, it is important to understand how to address this issue.

Planned fire station leads to eminent domain seizure of church

The need for a new fire station has led to the attempted eminent domain seizure of a church. The city moved forward with the petition for condemnation of the church in late-August. However, the church has the backing of an advocacy group and is fighting the seizure. It is moving forward with a court case to try and retain the land.

The project to build a new fire station was approved by the city council in 2018. It then tried to convince the church to sell the land it needed. After the church rebuffed the city’s efforts, the eminent domain process began. The church’s members use a different location to have their services, but the land that is up for seizure is still used for other purposes. The church has owned the land for 18 years. For its part, the city says that the new fire station is in the interest of public safety and must be completed.

Legal assistance is important with eminent domain cases

Whether it is from the perspective of the city or the property owner, it is important to understand how to handle situations in which eminent domain is cited. There are times when progress, safety and services make it vital to use eminent domain to take land from the property owner. In other instances, there are alternatives that can be explored. Because many Texans have a deep faith, the attempted seizure of a church will seem to be an overreach on the part of city officials. From the city’s point of view, the fire station is critical and the land is generally unused. In difficult cases like this, having legal assistance is imperative and a firm experienced with eminent domain can provide guidance and representation.