One of the elements of a valid use of eminent domain is that the condemnor must pay the landowner adequate compensation for taking their property. Generally, displaced landowners incur multiple expenses because of the condemnation. The settlement should cover not only the fair market value of the property, but also other applicable payments, such as relocating costs.
What should be present?
While Texas eminent domain laws allow landowners to demand relocation expenses, they must first meet certain criteria before becoming eligible for the compensation. The requirements include the following:
- The exercise of eminent domain permanently displaces the landowner
- The displaced landowner is not eligible for relocation expenses under another law
If they meet the requirements, the eligible landowner can receive moving expenses for up to 50 miles maximum distance. This compensation should cover the costs of moving personal property. This applies to both residential and commercial property owners.
Other available grants for displaced landowners
Other than relocation compensation, certain situations allow displaced landowners to receive housing assistance. This includes those who had to move their farming and ranching operations because of the condemnation.
Many Texas property owners take pride in their private properties. It takes a lot of courage and patience to give up property for public use. It is essential for landowners to know their rights to ensure that they are protected and adequately compensated. Understandably, private property owners may find it difficult to navigate eminent domain laws. It can help to do extensive research and consult an eminent domain professional.
