There are only a handful of scenarios in which outside parties can theoretically interfere in real property ownership. Mortgage lenders and other lienholders can sometimes foreclose on the property. It is also possible for certain parties, including local government authorities, to initiate condemnation proceedings.
Condemnation may result in the forced sale of real property even though the current owner wishes to retain their interest in it. People frequently think of condemnation as something that happens to decrepit, poorly maintained residences in particular. However, condemnation proceedings in Texas are typically the result of a large nearby project rather than issues with the property itself.
What circumstances legally justify condemnation proceedings?
Rejected purchase offers may result in condemnation
When state or local authorities intend to complete a project for the benefit of the public, they sometimes need to acquire real property first. Highway expansions, infrastructure improvements and a variety of other projects require the purchase of private real estate.
Typically, the parties managing and planning those projects make offers to nearby property owners. They make an offer based on the perceived fair market value of the property. If homeowners agree to sell, then the project can move forward.
If they refuse to sell, then the party overseeing the project may initiate condemnation proceedings. They ask the civil courts to force the sale of the property in accordance with eminent domain laws.
People can defend against condemnation
The good news for those concerned about the prospective loss of their real property is that they get to respond to the condemnation attempts in civil court. Sometimes, property owners can successfully assert that the project is more for the benefit of a business or a handful of individuals rather than the general public.
Other times, they might be able to subdivide a plot to avoid the forced sale of all of their holdings. Another frequently successful strategy involves questioning the price set by local authorities. Property owners can often establish that the amount of compensation offered is not fair and reasonable given the condition of the property.
There may be several options available to those who do not want to agree to the forced sale of their property. Owners facing eminent domain claims may need help as they evaluate their options. Discussing possible responses to a purchase offer or an upcoming condemnation hearing with a skilled legal team could make all the difference for concerned property owners.
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