Purchasing real estate is a major investment. Most property owners expect to retain control over a property until they decide to sell.
However, a tiny portion of property owners in Texas might lose their property due to condemnation. Condemnation is the legal process through which state authorities may force a property owner to sell their home or land.
Eminent domain laws allow for the condemnation and forced sale of real property in Texas. These laws carefully limit the use of such authority. When is it possible for the state to compel a real property transfer that a property owner does not want?
Eminent domain should only be used for public benefit
There are certain kinds of projects that will directly benefit the public and many others that benefit individuals or businesses. Eminent domain laws specifically permit the compelled acquisition of property for projects that benefit the public. The condemning authority will need to offer appropriate compensation to affected property owners and possibly even tenants forced to move by the sale.
Examples of projects that qualify might include the expansion of existing highways, the creation of a new park or other projects that seek to generate benefits for the public at the expense of an individual property owner. Business transactions, including the creation of a mall or similar commercial development, usually do not constitute projects for public benefit.
In some cases, those facing condemnation may be able to fight back by challenging the claim that the project is for public benefit rather than the enrichment of specific private entities. Learning about eminent domain laws in Texas may help people better respond to claims that could affect their property ownership.
