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The principle of eminent domain and what it means for you

On Behalf of | Aug 6, 2022 | Real Estate

As a Texas property owner, it may come as a surprise to you to learn that the government may have the ability to take your property. There are certain circumstances in which the government may be able to make a valid claim on a portion of your land, even if you protest the action. This can happen in situations where the principle of eminent domain applies, and as the owner of the property in question, it will be critical for you to know how to protect your rights during this process. 

You are entitled to fight for your property rights when you learn that the government is moving to claim a portion or all of your land. You can fight the effort, and you can also fight for fair market value for the land that you are losing. It is not easy to fight the government, and you will benefit from a clear understanding of the appropriate course of action for your individual situation. 

What is eminent domain 

Eminent domain is the power of the government to take privately owned property for public use. This is only permissible in situations in which there is a clear need for land for a project that will bring benefits to the public, such as the installation of utility lines, expansion of roads and more. In order to make a claim to private property, the government must give proper compensation to the owner of the land.  

If you receive notice of this action, you may feel that what the government is offering you in exchange for your land is unfair and does not represent an accurate value for your property. You have the right to seek just compensation, and it may be necessary to pursue legal action in order to secure it. You may use land surveys, property comparisons and other types of evidence to prove that the government is trying to undercompensate you for the seizure of some or all of your property. 

Fighting for the best possible outcome 

Confronting the unfair actions of the government is not an easy process, but thankfully, you do not have to do it alone. If you are concerned about how to fight back, protect your property rights and stand up to unfair government intrusion, you may benefit from seeking an assessment of your case. Before you accept a compensation offer, you will want to be certain that it represents the best possible outcome for your situation.