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How Can Property Owners Protect Themselves Against Eminent Domain

Chris Allen

5 min read

In these instances, having an attorney by your side is one of the best decisions that you can make. If by any chance you reside in Texas, then consider yourself lucky, because, in this state, you can come across numerous excellent advocates who are here for Texas landowners and who’ll do whatever is in their power to protect their rights and interests. Why it’s such a good idea to take one into account?

For starters, they will help these people understand their rights and get a grasp of everything, because, after all, this is a pretty complex situation that cannot be understood by someone who doesn’t work in the legal field.

Second of all, often, the government will try to offer you a very low amount of money as compensation which definitely isn’t fair. However, if you hire a resourceful and knowledgeable solicitor, then he or she will do their best to give you the compensation you truly deserve.

Get Your Facts Straight Concerning Eminent Domain

Just like with anything else that’s unknown to you (yet that affects you in any way), it’s of huge importance to gather as much useful information about it as you can about this entire process. Namely, once the government decides to take your property away, they are obligated to send a written notice to the landowner. 

So what is this notice supposed to contain? They should discuss a legal description of your property, along with the amount of cash they want to offer you as compensation. Aside from that, they must also be very detailed as far as their offer is concerned and give you the timeframe during which you’re supposed to either accept their offer or keep negotiating.

If by any chance both parties aren’t able to reach an agreement, then the government agency should file a complaint in the area in which your property is situated. What’s the point of this? Well, something like this is going to speed up this whole process. 

Then the lawyers from both sides will proceed with negotiations with the goal to get the best possible outcome. During this process, they will present solid evidence in order to support their claim of fair compensation. 

If attorneys fail to reach an agreement, then things will be taken to court, and either jury or judge will make a final decision concerning the compensation based on the evidence that’s been presented.

You Can Challenge The Plans

Now, we would like to remind you right away that this isn’t something that you can always pull off as far as this situation is concerned, however, at times, you can challenge the plans. So what can be done in these instances? 

For instance, you can try to prove that the road expansion may potentially travel through the adjacent property, meaning, that it’s going to circumvent their property. Apart from that, if you have any doubts that this whole endeavor doesn’t benefit anyone (or it’s all about private profit), then you should do whatever it takes to gather the evidence. 

As previously stated, this strategy may not be of huge help in every eminent domain case, however, it’s worth a try. If this turns out to be a waste of time, then concentrate on recouping as much as possible.

We know that dealing with eminent domain is daunting and frightening to a vast majority of property owners, however, as you can see, there’s a silver lining that can make you believe that the outcome in your favor is still possible.

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