What happens during an eminent domain proceeding?

Property owners will find it beneficial to know their rights and how they can protect their interests in the event they find themselves in a land-use dispute. One way this happens is through the application of eminent domain, a legal principle that gives the government the right to take privately owned property in specific circumstances. Cases involving eminent domain can be complex, but Texas property owners have the right to fight back against intrusion efforts.

How does it work?

Eminent domain is a term used to describe the government’s authority to take private property if it is for the benefit of the public. While the government does have to offer fair compensation in exchange for what they took, owners may have to fight for fair market value. The property owner may contest the confiscation of their property and the amount offered in exchange.

The first step in this process is a condemnation proceeding. During this proceeding, property owners can contest the confiscation of their land. They can also seek a settlement over the amount offered by the government. Eminent domain is common in cases where local, state or federal governments require land for road expansion, airspace, utilities and more.

Defending property rights

Homeowners navigating eminent domain challenges do not have to face them alone. They may benefit from the assistance of a Texas attorney who can help them fight for their long-term interests. Before agreeing to a settlement or making any other important decisions, it may be helpful to seek an assessment of the individual case.