What property may be taken through eminent domain?

In the state of Texas, the eminent domain process can only be stopped if the proposed taking does not meet the requirements for public purpose or public necessity. If you have determined that the proposed taking does meet these requirements, then you should learn more about the Texas eminent domain process.

At McDonnell Coates, LLP, we work on a contingent fee basis. With this fee structure, we assume the risk for earning a fee. Property owners are generally only responsible for paying costs, with the primary cost being the appraiser who values the property. As you are likely aware, taking matters into your own hands when it comes to eminent domain is highly discouraged. You could ruin a good claim by attempting to negotiate with the condemning authority without knowing the full extent of your damages. Or, you could settle for much less than what you are entitled to receive. Don’t be surprised if you’re unable to assess the damages in your case; no one expects you to be an expert on land valuation in eminent domain cases. In fact, the government is counting on this. If you’re affected by eminent domain, you should obtain a consultation so that you know and understand your rights before taking any action.

Remember, the government is like any buyer, they will want to purchase your property as cheaply as possible, and their appraisers may neglect to consider damages that can lead to a larger amount of just compensation. Even if the government has the right to condemn your property, they cannot dictate the price they are willing to pay; compensation is determined by the highest and best use laws for your property.