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Could the government really take privately owned property?

On Behalf of | Feb 13, 2023 | Government

There are times when the government acts in the interests of the people, making decisions to expand roads, install utility lines and take other steps that will lead to improvement of quality of life or safety. However, these efforts may sometimes come at a cost to private citizens. In some situations, the government could claim privately owned Texas property for specific reasons and in limited circumstances. Property owners are often dismayed at this, and they may fight back against eminent domain.

How does eminent domain work?

Eminent domain is the right of the government to claim privately owned land for specific reasons, granted through the Fifth Amendment to the U.S. Constitution. This would apply in situations in which the government needs the property for the completion of a project or for the public good. The legal right to do this is granted through a condemnation hearing, during which the property owner has the right to challenge eminent domain.

However, the government cannot seize Texas property without a valid reason. Additionally, the property owner must be fairly compensated for the portion of his or her land taken. The owner can also negotiate a higher amount if he or she believes the offer of the government does not match the current market value.

Representation of property owners’ rights

A property owner has the right to fight for his or her land. In an eminent domain proceeding, it is helpful to have the experienced guidance of a knowledgeable attorney. These situations are complex, and it is prudent to have legal assistance when challenging the actions of the government.