Eminent Domain
Eminent Domain
Texas is BIG state with lots of land and roughly 95% of it is privately owned. Most Texas landowners are quite proud to own a piece of this great state but property ownership comes with one unfortunate truth – the government can come in at any time and take your land for any public purpose. This is called the government’s power of “eminent domain” or “condemnation.” The government’s power or eminent domain allows it to seize all or part of your property to build things for public use such as roads, buildings, water lines, sewer lines, etc. What’s more, the power of eminent domain can also be used by private companies that are acting in a quasi-governmental manner. Some common examples are utility companies (i.e. power lines) and “common carrier” companies that transport things like oil and gas. The landowner’s only protection is the guarantee of “just compensation.”
The U.S. Constitution and the Texas Constitution both state that the government cannot take private property for public use without paying “just compensation.” This means that a landowner is entitled to full compensation for any property that is taken, damaged, or destroyed for public use. The eminent domain process begins when the condemning authority investigates, surveys, and then makes an offer to the landowner. However, this offer is usually on the low-end of average property value and it does not fully account for damages caused to the landowner’s remaining property. If a landowner disagrees with the offer, he or she can reject the offer and force the authority to institute a proceeding in the local courts where the landowner’s award will be decided by neutral third parties. This is a complex legal proceeding that demands the skill and experience of seasoned trial lawyers. At The Chaffin Law Firm, we take pride in representing David vs. Goliath, even when Goliath is the government itself. If someone is threatening to use eminent domain to go over, under, or across your property, give us a call.