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Is relocation compensated in eminent domain cases?

On Behalf of | Oct 9, 2024 | Eminent Domain

Yes, but it can depend on a variety of factors. If a government entity or contractor takes your property through eminent domain in Texas, the law requires them to provide you with just compensation for it. In some cases, you may qualify for compensation beyond the property’s value. Both federal and state laws recognize that relocation can involve significant costs and, in many cases, provide compensation for these expenses.

What does the law say?

Federal laws may entitle you to relocation assistance if a federal project forces you to move. This help can cover:

  • Moving costs
  • Assistance finding a new home or business location
  • Costs of a new home or rental, if necessary

In Texas eminent domain cases, the main focus is on paying you the fair market value of your property. However, state law also recognizes that moving can be costly. Depending on your situation, you might be eligible for compensation to cover reasonable moving expenses and other related costs. The type and amount can also vary depending on whether you’re a homeowner, tenant, business owner or farm operator.

What kind of costs do you need to plan for?

Knowing your possible relocation costs can strengthen your position to negotiate for fair compensation. Here are some expenses you can expect:

  • Moving costs, such as hiring professional movers, renting trucks or purchasing packing materials
  • Temporary accommodations while searching for or waiting to move into a new permanent residence
  • New utility services, which often involve connection fees or deposits
  • Storage facilities for belongings, especially if there’s a gap between moving out and into a new home
  • Transportation costs, such as fuel expenses for multiple trips between properties or costs related to searching for a new home
  • Expenses for home-based businesses, which can include moving equipment, reprinting materials with new addresses or notifying customers of the change

It’s essential that you maintain detailed records of all your moving costs. Save receipts, track deposits and even log miles when you look for new property or make moving-related trips.

Advocate for your property’s true value

Eminent domain cases can be complex, with various outcomes. However, you have the right to advocate for your land and the life you have built there. Whether you’re seeking fair compensation or exploring other alternatives, the right legal guidance can help you turn this challenge into an opportunity to secure your future.

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