Eminent domain is a legal principle that enables government bodies to acquire private property for public use. While losing your property this way can be confusing and overwhelming, there is a silver lining. The law guarantees you, the property owner, a "just...
Eminent Domain
Eminent domain in Texas: Which forms of public use are valid?
As population and development continue to be on the rise, eminent domain is inevitable. According to the Fifth Amendment, government entities may only take private property for public use if they give just compensation. Aside from the government, the Texas Legislature...
Texas businesses may have eminent domain abilities
Eminent domain refers to the ability of the government to take private property for public use. For instance, the government may be able to exercise this ability when constructing an interstate, building a hospital or planning a military base. When land is needed for...
When can eminent domain laws force a property sale?
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...
Protecting property rights against eminent domain
Imagine you have worked hard to create a cozy home. Suddenly, the government swoops in, taking it away for a project that does not truly benefit the public. This is where the need for protection comes in. Protecting property owners against eminent domain is essential...
Eminent domain: am I entitled to relocation expenses?
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...
How much should I receive for land seized under eminent domain?
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...