Many times landowners receive a notice about seizing of property under Texas eminent law for a project beneficial to the public. After having such notices, landowners wonder about Texas private property rights against Texas eminent law. If you received this notice or want to know more about it, then you are in the right place. Below you will find almost all the details that landowners need to know about Texas eminent law:
What is Texas Eminent Domain?
Condemnation or eminent domain is a law that gives the authority to the government or authorized private organizations to take private property for different kinds of public uses. The government can take or seize this private property even if the property owner disagrees with the settlement. However, this rule is applicable only if this seizing of property helps the public in a greater manner. Making roads, bridges, rail lines, utility project, water or sewer lines, hospitals, shopping centers, etc. are just some of the many uses to seize the property under eminent domain.
Procedure to Seize the Land
Once government organization finalize the project location, then related organizations inform property owners. If the landowner does not have a problem with selling the land, then the government buys the land at a cost suggested by the expert. A landowner may also negotiate for the price and do the settlement if he gets the desired compensation. In some cases, the landowner may decide not to sell the property in any condition. In such cases, the matter goes to court where the related organization needs to prove the project is necessary and beneficial for public use.
Landowner Rights Against Eminent Domain
Indeed, the government has the right to seize property, but landowners also have the right to oppose. Thanks to Texas private property rights, the landowner can challenge the project in the court. If a landowner can prove a particular project is not important or beneficial for public use, then the government cannot seize the property. Many landowners used the same method in the courts to save their property from seizing.
How to Deal with a Condemnation Notice
If you ever get a condemnation notice for the seizing of your property, then you should consult a lawyer for the same. An eminent domain lawyer will be able to understand the notice and entire project in a much better manner. After evaluating the project lawyer can offer you with the best advice. If a project is essential for the public and does not hold a chance in the trial, then your lawyer may ask you to take the compensation. And if he can prove your property is not needed for this project, then he can advise you accordingly.
Indeed, seizing of property under Texas eminent law can be a frustrating way for any property-owner to lose their property.But this law does not restrict anyone to raise his or her voice in the courts. Also, if a property owner can prove his point then the government cannot seize the property in any condition. So, if you received this notice, then instead of feeling helpless, you should take the necessary actions needed to handle the situation in a confident manner.