Eminent Domain: How to Protect Your Texas Land Rights

Are you facing eminent domain? That is, has a government agency decided that they want to take your land for public use, and have you received an offer from them? This is sure to be frustrating. And, while you may not be that keen on giving up the land, the truth is that you would at least want to get fairly compensated for it. That, however, is often not the case when it comes to the first offers.

Here’s a clear definition of eminent domain, if you’re a bit confused about it: https://www.merriam-webster.com/dictionary/eminent%20domain

What can you do, though, if you’re not happy with the offer? What the agency may be counting on is that you won’t do anything about it, thinking that what they offer is as much as you can get, and that you cannot expect a higher amount at all. And, well, that is undeniably one course of action you can take – simply give up and be happy with what you are about to receive, without even wondering if you could do better, and if you could score a better deal.

While this is one possible course of action, it is undeniably not one I would recommend. After all, there is something else you can do. You can fight for your land rights and protect them. And, fighting is always a better move than giving up without a fight, which I am sure you understand already. So, you may want to arm yourself with patience and go to battle, because that battle could undeniably bring about some great results, leading to you getting more fairly compensated.

The thing is, though, you may not know how to actually fight. And, while that is completely normal, since you have most likely never been in a similar situation before, and you have, fortunately, never had to deal with eminent domain in Texas in the past, the truth is that you need to get a better understanding of this now, given that you’re facing the situation, and you have to learn how to deal with it. So, it is time for you to learn what to do and how to do it right. Click this to better understand eminent domain.

Understand What Stage of the Process You Are in

Okay, there is no doubt that you have to get a better understanding of the eminent domain process in order to be able to protect your rights successfully. Sure, you don’t have to become an expert on the topic, but you absolutely do need to get at least a basic understanding of it all, in an effort to figure out what to do next. And, well, the good thing is that eminent domain follows a structured process, so you will be able to easily figure out which stage you are actually in.

The first thing that happens is that you get an initial offer from the government agency, in writing and supported by an appraisal of your Texas land. Then, you can enter the stage of the initial negotiations, after which a final offer has to be made, and you will have some time to respond to it. If you can’t reach an agreement there, the condemning entity will file a petition in the county court in the area in which the land is located. This leads to hearings, and even to court sometimes if you cannot make an agreement.

Know What “Just Compensation” Means

Now, another thing you should know is what exactly constitutes “just compensation.” There is a lot of talk about the condemning entity not being able to get the land if they don’t offer just compensation, but what makes for “just” seems to be a kind of gray area, and thus easily manipulated. What it should include is the fair market value of the land, the damages to the remainder, the relocation or interruption costs if you’ll have to move your business and similar.

Hire an Attorney Early on

No matter what stage you are in, and no matter what kind of an offer you received initially, the truth is that you will do best if you work with professionals. And, of course, you should hire a great Texas land rights attorney early on. They will know whether the compensation is “just”, as well as what to do if it isn’t, and they will know how to protect your rights every step of the way. Remember, thus, not to sign anything before discussing all of this with your attorney.

But, Make Sure to Choose a Great One in Texas

Finally, since we’re talking about your land and your rights here, there’s no doubt that you’ll want a competent, qualified, experienced, and trustworthy attorney on your side. This further means you should take time to choose the right professional instead of rushing into things and making the wrong choice. So, do your research and make an informed choice, instead of a random one.