Do I Need an Attorney to Fight Eminent Domain in Texas?
Fighting eminent domain in Texas can be difficult, especially if you don’t have an attorney by your side. Your experienced lawyer can represent your interests and challenge eminent domain, or get you the compensation you deserve for your property.
When the Texas government exercises eminent domain and attempts to seize your property, you don’t have to give in. Under the Texas Landowner’s Bill of Rights, landowners have rights that protect them from unlawful property seizure. Your Texas attorney can guide you through negotiations with a condemning agency and a special commissioners’ hearing to get the compensation offer you deserve. If necessary, your lawyer can fight for your interests in court, contesting the legitimacy of the seizure and increasing your settlement amount.
Our lawyers are experienced in fighting eminent domain throughout Texas and recovering the compensation our clients deserve for their property. For a free case evaluation, call the Houston eminent domain lawyers at The Queenan Law Firm, P.C. today at (817) 476-1797.
Understanding Your Rights When Fighting Against Eminent Domain in Texas
When Texas exercises eminent domain to take ownership of your land for public use, you may feel at a loss. Not only are you losing your home, but the compensation offered to you may be insufficient. In order to fight an unsatisfactory compensation offer and eminent domain itself, you should hire an attorney.
When planning to fight eminent domain, landowners need to hire an attorney to familiarize themselves with the Texas Landowner’s Bill of Rights. As a landowner in Texas, you have certain rights protecting you from the unlawful or unfair condemnation of your land. If you want to fight eminent domain but are unfamiliar with your rights, you may have difficulty doing so.
When you hire a Texas eminent domain attorney, they will inform you of your rights as afforded by the Texas Landowner’s Bill of Rights. For example, if you don’t have an attorney, you may not know that you are entitled to a certified appraisal and to hire you own appraiser if you choose. You may also be unaware that you have the right to a trial by a judge or jury if the proposed compensation amount is insufficient.
Understanding your rights as a Texas landowner is paramount if you choose to fight eminent domain. These laws can be complex and difficult to understand, so it benefits you as a Texas landowner to hire an experienced lawyer that has your best interests in mind.
Fighting Eminent Domain Through Negotiations with a Texas Lawyer
Regarding eminent domain, Texas landowners often fight compensation amounts. While it is difficult to prevent Texas from taking your land, landowners can negotiate compensation amounts to find a settlement that benefits them. Without a lawyer by your side, accomplishing this can be difficult.
Negotiating compensation amounts with the Texas government can be difficult. When Texas landowners are without legal representation from a skilled Dallas eminent domain lawyer, they may be unable to negotiate a settlement that meets their needs.
Once you enter into formal settlement negotiations and accept an offer, you cannot change your mind and seek additional compensation in the future. Fighting against insufficient compensation offers from the government or an authorized agency requires skill and experience from an attorney.
Hearings to Fight Unfair Eminent Domain Compensation in Texas
Throughout your fight against eminent domain in Texas, you will likely have to attend what’s known as a special commissioners’ hearing. During this time, your Texas eminent domain attorney will aim to argue the compensation amount you deserve for your property.
During a special commissioners’ hearing for eminent domain, both the condemning government agency and your attorney will offer their opinions on an appropriate compensation amount. Your lawyer will outline the fair market value of your property and any additional damages you will incur as a result of eminent domain.
It’s important to note that a special commissioners’ hearing will not assess an agency’s condemning authority. Suppose you and your attorney believe that a government agency does not have condemning authority and thus cannot enact eminent domain or that you deserve a higher compensation amount. In that case, you can continue fighting after a special commissioners’ hearing has concluded.
How to Fight Eminent Domain in a Texas Court
If, after negotiations and a special commissioners’ hearing, you are not offered adequate compensation for your land or believe it is being unlawfully taken, don’t stop fighting. Our Fort Worth property attorneys can take your case and fight for your interests.
When fighting eminent domain, a major concern is the compensation amount offered by a condemning agency. If the Texas government or an authorized condemning agency plays by the rules, there are not many things landowners can do to prevent their land from being taken. However, it’s possible that an agency did not abide by the Texas Landowner’s Bill of Rights during the seizure process. Our lawyers can challenge unlawful seizures in court to end the eminent domain process. That being said, the government can restart the process if they really want your land for public use.
Often, the main issue regarding eminent domain in Texas is compensation amount. If the Texas government or other authorized condemning agency is not responsive to negotiations, or if a special commissioners’ hearing went in their favor, you can go to court. During this time, our attorneys will aim to recover compensation in line with your property’s fair value price and any additional damages you may incur as a result of eminent domain.
Call Our Lawyers if Texas Exercises Eminent Domain on Your Property
While fighting eminent can be difficult in Texas, our lawyers are up for the challenge. For a free case evaluation, call the Texas eminent domain lawyers at The Queenan Law Firm, P.C. today at (817) 476-1797.