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Can you sue against condemnation and eminent domain?

On Behalf of | Apr 15, 2021 | Real Estate

Some Texas residents may like the idea of having their communities improved through public projects. However, you and other individuals may object when you learn that the government wants to take your property in order to expand a road, build a hospital or school, or put up powerlines that might benefit the public.

Unfortunately, eminent domain could result in the government attempting to take your property for such projects. Of course, the governing bodies should compensate you for the value of the property they intend to take, but still, that may not necessarily sit well with you.

Condemnation proceedings

When many people hear about condemned property, they may picture dilapidated buildings or abandoned property that posed a safety hazard for anyone who might enter. However, the government also uses condemnation proceedings in eminent domain cases. The government uses condemnation to seize private property intended for public use. The Fifth Amendment to the U.S. Constitution provides the government with this right and states that the government must provide just compensation to the property owners.

During this process, you should receive ample notice about the proceedings and information about the appraisal of your property. The government should also provide you with information about the offer of just compensation for the seizure of your property.

What if you disagree that the compensation is fair?

Understandably, you may have strong feelings about how much compensation you receive for your property. If the government’s offer aligns with the appraisal of the property, you may feel that the payment is just. However, you could believe that the offer is below the actual worth of your property. You could also disagree in general that the purpose of the seizure would benefit the public. In such cases, you may have reason to take legal action.

Suing against eminent domain seizure, suing for more compensation for your property or contesting the legality of the condemnation could be options worth exploring. It is not unheard of for governing bodies to abuse eminent domain power, and if you believe that is the case, you may want to gain more information on how you could handle the situation. No one wants to lose their property unjustly, especially without the proper compensation, and fighting to retain your property may be a warranted course of action.