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Businesses are often faced with the possibility of their property being condemned for public use. The reason for this could be the construction of a new road or even a government building. While the government can condemn property for public use through eminent domain, landowners still have certain rights and protections.
If your commercial property has been targeted for condemnation by the government, it’s important to know your rights as a landowner.
In Texas, businesses facing eminent domain proceedings have several rights that you can exercise to protect your interests.
First, you have the right to be notified of the government’s plans to condemn your property. The government must provide written notice of its intent to condemn at least 60 days before initiating any legal proceedings.
Second, you have the right to receive just compensation for your property. The government must pay you the “fair market value” for your land, considering factors such as the current use of the property and its potential development value. You are also entitled to compensation for any business losses you may suffer due to the condemnation.
Third, you have the right to challenge the government’s determination of fair market value. If you believe that the government has undervalued your property, you can file a formal protest and request a hearing before a jury.
Fourth, you have the right to negotiate with the government in an effort to reach a settlement agreement. If you can reach an agreement with the government, the terms of that agreement will be binding on both parties.
To learn more about your rights pertaining to condemnation proceedings, review The Texas Landowners’ Bill Of Rights!
It’s also important to remember that the government does have the power of an eminent domain, meaning they can ultimately take your property for public use. However, exercising your rights as a landowner can help ensure that you receive fair compensation and are not taken advantage of in the process.
If your commercial property is facing condemnation by the government, it’s important to consult with an experienced eminent domain team like the team at OAG who can help protect your rights and interests.
The short answer is Yes. However, while the United States and Texas Constitutions provide for a government’s right to take land, there are specific requirements that must be met.
While Texas land owners have every right to negotiate with a authorities without the help of an experienced team, it is not recommended. A group focused on law pertaining to eminent domain will know how best protect your interests during negotiations which could result in less than optimal compensation for what you are offering up front
The government has the right to take private property for public use. This includes utility companies, counties and municipal governments amongst others; they can exercise “eminent domain” (the formal name) if it’s in the public interest or need. This means there are some limits on when this law applies!
When the state of Texas takes your property through eminent domain, they must have a purpose for taking it. The most common reasons are transportation projects like highways and bridges; water/waste water construction such as dams or treatment plants (which also includes electricity generation); utility work that maintains power supply, and other similar projects.