A property owner may be surprised to learn that there are circumstances in which the government may take his or her privately owned property. Eminent domain is the legal principle that the government can take property if it is for public interest, such as the installation of power lines or adding a lane to a road. Texas property owners may be able to challenge eminent domain and fight to keep their property.
Steps to challenging eminent domain
The aggrieved party can take steps to challenge the effort to claim some or all his or her property. To claim property, the government must offer the property owner a fair price. After receiving notice of eminent domain, the owner may negotiate a price if that is more representative of accurate and fair market value. The property owner may first seek an administrative appeal regarding the taking of the land or the offer.
In a hearing, both the property owner and the government may present testimony regarding why their respective claims to the property are valid. The owner may assert that the government’s claim to the property is a violation of his or her rights. The owner also has the right to fight for additional funds, such as compensation for decreased property value of the land not claimed by the government.
The right way to fight back
Eminent domain is a complex legal matter, and Texas property owners should not navigate these matters on their own. Experienced representation is critical when challenging the actions of the government. After receiving notice of an eminent domain action, an owner would be wise to take immediate action to ensure the full protection of his or her rights.
