Can the City of Arlington, TX Use Eminent Domain to Take Your Land?
Learning that the City of Arlington could take your property through an eminent domain action can make any person worry. However, even if your property has become a target of an eminent domain action, it does not mean that a property owner is left without options to fight back against the City of Arlington. If the City of Arlington is attempting to seize your property through the process of eminent domain, you should consult with an experienced Arlington, TX eminent domain litigation attorney as soon as possible. The Queenan Law Firm, P.C., is here to help you determine your legal options after receiving notice of an eminent domain action against your property. The legal team at The Queenan Law Firm, P.C., is here to discuss whether the City of Arlington can take a property owner’s land through an eminent domain action.
How Eminent Domain Laws Work in the City of Arlington, TX
Eminent domain is a legal proceeding where the government uses its authority to seize private property to be used for public purposes. There is a wide range of public uses that can satisfy an eminent domain proceeding:
- Public utilities like power lines, pipelines, transformers, and similar uses
- New roads or improvements on current roads
- Shopping centers
- Sports arenas and stadiums
This is not an exhaustive list. It is important to note that it is vital for the government to present a valid public use. If an eminent domain action is not based on a public use, this can be used by a property owner to defeat the eminent domain action.
Eminent domain laws are governed by the U.S. Constitution and the constitution of the state where the eminent domain action is occurring. The Fifth Amendment to the U.S. Constitution governs eminent domain actions. Specifically, the Fifth Amendment states that private property cannot be seized for a public use without providing “just compensation” to the owner of the property. Article I, Section 17 of the Texas Constitution also echoes that a property owner must receive “adequate compensation” when private property is seized, damaged, or destroyed to satisfy a public use.
However, no property owner can be deprived of their property without due process of law. As a result, there is an intricate eminent domain process that must be followed before a government entity can seize private land. To learn more about how eminent domain actions are initiated, you should continue reading and contact an experienced Texas eminent domain litigation attorney as soon as possible to help protect your land from seizure.
Eminent Domain Rights for Property Owners in Arlington, TX
The Texas Constitution should be consulted to determine the rights of an Arlington property owner facing an eminent domain action. As mentioned above, the Texas Constitution states that the government only has the power to seize a private property in order to use it for a public purpose. Additionally, the government or its agent cannot simply take the property from the owner; they must offer just compensation for the property. However, many property owners are not offered a sufficient amount of money for their property.
The Landowner’s Bill of Rights in Texas also outlines the rights of a property owner:
- Only a government entity or an entity acting on behalf of the government can condemn a landowner’s property
- The property owner must be notified before the government initiates proceedings to condemn the property
- The property owner must be provided with a certified appraisal determining the value of the property
- The property owner can hire their own appraiser to assess the value of the property
- The property owner has a right to a good faith offer to purchase of the property prior to condemnation
- If the property owner is not satisfied by the offer for the property they can seek a hearing on the matter
- The property owner can seek the aid of an attorney to assist them in the eminent domain action
- The property owner is entitled to a trial to argue whether just compensation was received or whether the condemning of their property was valid
If you are a property owner that decides not to accept the compensation offered for your property, you should speak with an experienced attorney as soon as possible to pursue business litigation. Our firm can help you determine whether the offer by the government should be considered as just compensation.
After rejecting the offer for a property, the government will proceed with the condemnation of the property. Fortunately, you will still have some options to fight back during the condemnation process. The Queenan Law Firm, P.C., is here to help you seek the compensation you deserve.
Consult with Our Trusted Arlington, TX Eminent Domain Litigation Lawyer to Discuss Your Case
If your land has become the subject of an eminent domain action from the City of Arlington, speak with an experienced eminent domain litigation attorney as soon as possible. Our eminent domain attorneys possess years of experience handling eminent domain actions, and we can help you fight for your property. A landowner should not have to turn over their property to the government on unfavorable terms. To schedule a free legal consultation to discuss your eminent domain case, contact The Queenan Law Firm, P.C. at (817) 774-9627. You may also contact our legal team by using our online submission form.