Any time a government entity wants to develop a project for the benefit of society, for instance, a roadway or transportation system, it results in a situation called an eminent domain authority, where private property can be obtained to achieve this goal.
For instance, if there is a need to expand roads or construct a new highway to ease traffic congestion in a certain area and there are private lands obstructing the way, the government has a constitutional authority to seize the property. However, proprietors of such lands are expected to receive fair compensation in exchange for their valuables.
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The steps for this involve initiating a formal legal process called condemnation. A landowner will receive a condemnation letter, which, unfortunately, may be overwhelming or intimidating, especially if they don’t know their legal rights or options in the situation. If this is your situation, rest assured because you don’t need to panic. The first thing to do once you hear about a potential project around your site that may affect your land is to seek a professional attorney.
An eminent domain attorney has the experience and expertise to handle your case, assess the situation details, and identify the best course of action that will be in your favor. This article is going to walk you through how eminent domain compensation works in Texas and steps that will help you secure proper compensation.
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Understand Texas Eminent Domain Laws
According to the Texas Property Code, a government entity that wants to obtain a property for public use must make a bona fide offer to get the land from the owner voluntarily. This means that to get property, the condemnation authority must provide a just offer to the owner in exchange for their property.
Unfortunately, this is not always the case because most condemnation entities work together with appraisers with whom they have a long-term relationship, and the appraisers tend to draft a proposal that will only be beneficial for the authority without putting the land owner’s best interest in mind, mostly an amount that is lower than the land value.
Thankfully, Texas law has provided property owners with the right to work with an independent appraiser and can negotiate a fair and reasonable amount that will consider a lot of factors, including the market value of the property, relocation expenses, loss of business revenue, and many more.
Once you discover that you are treated unfairly, work with a professional and experienced eminent domain attorney who will help identify the best steps to take and provide an appraiser who has the qualifications to testify to the condemnation justification. Now, let’s look at the key steps to increase the amount you will receive.
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Key Steps to Maximize Your Compensation
To increase the compensation amount you are going to receive from a condemnation entity that seizes your property, there are certain strategies you can follow. First, as mentioned all the time, you need the assistance of an experienced attorney who can force the condemnation authority to abide by the law.
Secondly, your attorney should be able to assist you with the right independent property appraiser who will evaluate the land and determine the right amount to get, and if damages are done. They should also help you identify additional damages that you may be entitled to, like relocation costs, especially if you are moving far, devaluation of any remaining property, and other justifiable claims you can demand from the government authority.
In situations where the authority fails to negotiate with you, it’s essential to know that you can appeal the case to a court. A jury can analyze the situation and determine the amount you should receive.
Mistakes to Avoid in an Eminent Domain Case in
Remember, this case is between you and a government authority. Therefore, it’s important to identify some common mistakes to avoid when managing industrial property targeted for condemnation for a better chance of a favorable outcome. Although you may feel tempted to accept the compensation offer at first, hold on and negotiate for more money. Additionally, before negotiating, ensure you have enough evidence to support your claim of demanding more from the government.
In Sum
Although it may sound intimidating to fight with the government to maximize your compensation, it’s not entirely impossible if you work with the right lawyer beside you. Also, before seeking more compensation, make sure you gather all the necessary documents that will justify your claims and avoid accepting the first offer presented to you.
