Can You Negotiate Better Terms for Eminent Domain in Texas?

In Texas, many property owners are shocked to find out that the federal government maintains the right to seize what they own for public use. This can be an overwhelming and uncertain time for you and your loved ones who have worked so hard to build a home you love, a business you’re proud of, or a place of respite and peace. When this happens, many people will wonder if they can negotiate better terms of eminent domain in Texas.

At Alagood Cartwright Burke PC, we are here to answer that question. For over two decades, we have been defending those who cherish their property, and we treat each case as if it were our own home being taken away. We understand how much you love your home, business, or vacation getaway and know the combined financial and emotional toll a case of eminent domain can take. You can trust us to protect you from any unfair land grab in Texas.

How to Improve the Terms of an Eminent Domain Transaction in Texas

Whether you own a home in Denton County or a business in downtown Houston, the federal government retains the right to take control of your property if it can prove such an action is for the greater good of the community. Currently, in Texas, the entity with the highest percentage of eminent domain rights, at 29.6% is municipal utilities or water districts.

Due to its nature, an eminent domain transaction is much different than your typical real estate deal, and it is important to have an attorney on your side who can help improve the terms of the transaction through negotiation. If you are not satisfied with the terms of the initial eminent domain offer, you can take certain steps to improve the terms, including:

• Get involved right away. It is vital that you get involved in the overall eminent domain process as soon as you can, ideally as soon as you are made aware that a certain party is planning on taking such an action. When you take an active role in a situation of eminent domain, it can help level the playing field should the government follow through with its plan. You also need to make yourself aware of all deadlines associated with these claims.
• Seek legal counsel and representation. Next, it is vital that you consult with a Texas eminent domain attorney as soon as you can and before you make any of your own decisions regarding your case. Your attorney can review the situation and help determine what your legal options are and what avenues are available to you to move forward.
• Collect all appraisal information. As a property owner, you will want to collect a copy of the appraisal upon which the government’s offer is based. It is important to understand the value and the conclusions the government came to in their offer in order to determine if their offer is fair. You can also seek your own appraisal in order to strengthen your position and bolster your chances at a more favorable negotiation.
• Make a counteroffer. If the government makes an initial offer that seems significantly less than what you believe your property is actually valued at, you have the right to make a counteroffer. In order to do so, however, you will need to provide a legal reason for this higher number. Your lawyer can offer support when it comes to claiming the need for higher compensation.

Ninety-five percent of the state of Texas is privately owned, but just because your name is on the deed doesn’t mean that the government can’t get their hands on your property if they provide adequate reason. Thankfully, with the help of a lawyer, you have the ability to negotiate better terms and get what you deserve for the property you own.

The Benefits of Eminent Domain Negotiation Versus Litigation

When you seek to negotiate better terms for eminent domain in Texas, there are certain benefits to be had in taking this action over legal litigation. These benefits include:

• Having reduced expenses, as negotiation costs are much lower than the costs associated with a court trial.
• Seeking a faster conclusion, as negotiations can bring about a resolution much faster than court proceedings.
• There are increased options thanks to negotiation that may allow you to seek certain compromises and add to the overall amount of compensation you can seek.

FAQs

Q: Do I Have Rights in a Case of Eminent Domain in Texas?

A: Yes, in Texas, you do have rights as a landowner in a case of eminent domain. You have the right to challenge any kind of eminent domain order that is levied against your property. However, this does require you to hire an attorney who can present evidence to argue that the project does not qualify for public use, and therefore, the government has no claim to your property.

Q: Can I Ensure Fair Compensation for Eminent Domain?

A: Yes, you can work to ensure that you receive fair compensation in an eminent domain case. In order to do so, you will need to hire an attorney who can help you start the official process of seeking an independent appraisal of your property. This can provide you with the necessary evidence to argue against the amount of compensation the government has offered you.

Q: What Projects Are Usually Involved in an Eminent Domain Case?

A: There are several different reasons or projects that may cause the government to execute its right to eminent domain; these projects can include infrastructure projects, projects related to a public facility, such as building a hospital or school, or utilities and other service projects, such as making space to build new sewage lines or water supply systems.

Q: Can I Minimize My Chances of Dealing With Eminent Domain?

A: Yes, you can take actions to minimize your chances of having to deal with an eminent domain case. These actions include staying informed regarding local projects in your neighborhood, attending public government meetings in order to learn about any projects currently in motion, and hiring an eminent domain lawyer.

Hire an Eminent Domain Lawyer Today: Contact Alagood Cartwright Burke PC

Navigating an eminent domain case in Texas is difficult, no matter the circumstances. Thankfully, you don’t have to handle it alone. At Alagood Cartwright Burke PC, our attorneys are here to come alongside you and offer the negotiation support you deserve in order to reach the outcome that is fair. Contact our offices today to learn more and to schedule a consultation with our team.