The government is responsible for planning where and how to construct infrastructure for the benefit of the public. Sometimes, the optimal locations for these projects cross through private properties. The government could take these pieces of land using eminent...
Can a property owner refuse to sell to the government?
Texas eminent domain laws allow the government or a private entity with government authorization to take ownership of private property in some circumstances. However, the entity taking the property must meet certain requirements and provide compensation. What happens...
What is a landowner’s bill of rights?
New infrastructure is necessary for a growing community. For the government to provide the infrastructure that you and your fellow citizens rely on, it may be necessary for the government to take some property from you. The legal term for this is eminent domain. As a...
Eminent domain and fair market value
Eminent domain is the seizure of your property by the government for public use. However, according to the Texas Constitution art. 1 sec. 17 you must receive just compensation. The problem with this law is that just compensation might seem somewhat arbitrary to the...
Protecting your rights when the State invokes eminent domain
As Texas communities grow, the boundaries of towns and cities become less pronounced and the need for improved services increases. The State may invoke the power of eminent domain and condemnation to secure the use of your land for public improvement projects....
How may I increase my property value when facing eminent domain?
When a government entity exercises eminent domain to take your property for public use, it must provide compensation for your loss. Under Texas Property Code Section 21.042, adequate compensation requires calculating the market value of your property at the time of...
Eminent domain issues in high-speed rail project
Texas Central still needs permits in order to proceed with a controversial project using not only Japanese technology but possibly Japanese funding as well. Although Governor Greg Abbott supports the project to build a high-speed rail line stretching from Dallas to...
Texan fights eminent domain in high-speed rail construction
When large-scale projects are planned and underway in Texas, it is not uncommon for the state to use the law of eminent domain to seize property it deems essential to its completion. However, land owners may not agree with various aspects of the case and choose to...
The basics about eminent domain
Our readers in Texas may have heard the term “eminent domain” and perhaps have a general idea of what this area of the law involves. For landowners, understanding the basics of eminent domain can be crucial. The government's rights For starters, the most basic premise...
Eminent domain dispute involving church heads to litigation
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...