It is a commercial property owner’s worst nightmare—the government wants to take the property for public use. Texas law does provide the government this authority, which is known as eminent domain. The process of taking the property is referred to as condemnation.
The government will exercise its eminent domain authority for many reasons, generally to construct or expand infrastructure, i.e. roads and highways. Sometimes private property is needed for the construction of oil or gas pipelines, water reservoirs or even public buildings. Whatever the reason, it’s generally not welcome news for commercial property owners.
Under the law, an owner is entitled to receive a fair payment for the private property. However, if you are facing this circumstance, you may or may not agree with the offer that was made to you by the government. For example, the compensation may seem too low.
While the government can exercise its right to take the property, you, as the owner of that property, have the right to challenge their offer, specifically the value placed on the property. In some cases, an agreement cannot be met with the government and when that happens, the government will file an eminent domain lawsuit.
As you can imagine, there is a lot that goes into the condemnation process and consequent eminent domain lawsuits. It is imperative that you seek legal counsel immediately, if the government is seeking to acquire your property. As soon as you receive a notice, you need to contact an experienced real estate attorney. A lawyer will be able to review your situation, involve the appropriate experts and help protect your rights.
At Ferguson Braswell Fraser Kubasta PC, we know how to approach eminent domain cases and find success. Our Dallas real estate attorneys will walk you through the entire process and make sure that your interests are protected. You can reach one of our lawyers today by simply calling 972-378-9111 or filling out our online form.