Things You Should Know About Eminent Domain

Many times people visit an old neighborhood and find that the old private properties were changed into new government properties such as roads, bridges or other public facilities. The government gets ahold of these properties for public purpose with the help of a rule or law called condemnation or eminent domain. If you have received a condemnation notice from the government, then you may have several questions or doubts in your mind. This article explains a few things you should know about eminent domain and how to deal with this type of situation if it were to arise.

Things You Should Know About Eminent Domain

Negotiation on prices of property

If the government gets a public welfare project that needs your private property, then the government has the right to acquire your property. Any project that can help the masses comes under this category, and the Fifth Amendment gives the right to the government for using or acquiring any property. The government can take the property just by giving proper compensation even if the owner hasn’t given their consent. For this acquisition, the government will send a notice along with the project details and a price for the property. If the property owner agrees to the price, then the government will buy the property at the agreed price, and the entire process will be smooth. But if the property owner disagrees with the price then the government will try to negotiate with the owner for a fair value so both parties can come to a conclusion that’s mutually suitable.

Involvement of court

Sometimes people may decide not to sell the property for any payment. In such cases, the government will take the matter into a court along with a public notice for the hearing. In this trial, the government needs to prove that this project is beneficial for the community or masses and the matter comes to the knowledge of court only after failed negotiation attempts. If the government wins the case, then the property owner has to vacate the premises and if the homeowner wins then nothing needs to be done. Also, whatever decision the Court arrives to, both parties will have the right to appeal against the decision in the higher courts of Texas.

Consult Texas condemnation lawyer

Once the people of Texas receive a notice for eminent domain, it is always a wise idea to contact a Texas condemnation lawyer for advice. Contacting an attorney can give helpful information to the property owner, and they can take action accordingly. An eminent domain lawyer would understand the project requirements and the maximum amount one can get for their property. Also, if a person is not willing to sell his or her property, then a condemnation lawyer can advise them in the best direction.

Conclusion

If a prominent Texas condemnation lawyer believes government proposal is beneficial for the bigger audience and does not hold a chance in the court, then the lawyer will guide accordingly. In that situation, you can try to get the maximum amount from the government. At the other hand, if the lawyer feels that project is not essential and it is easy to prove, then he may advise you to fight the case, and you can keep the property after winning the case. Therefore, if someone gets a notice for eminent domain, then instead of worrying about it, they should contact an experienced lawyer who knows how to handle such cases!

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