The Condemnation process starts when the condemning authority (the “Condemnor”) plans out its project. Knowing some basics about Texas’ condemnation laws can be extremely beneficial in these cases!
Once the project is planned, engineers and surveyors are hired to determine which land rights need acquisition. After deciding on an exact location for this construction site, a formal declaration must be made
that certain residential properties will have their fair market values addressed through public necessity by allowing them acquirements sought from condominium associations or similar entities in whose territory they exist; these notifications can take place before any actual seizures occur as well if there’s time left over after all necessary steps like appraisals have been done (though not necessarily).
Next, the condemner will attempt to obtain their desired rights through negotiation with a landowner. They usually make an initial offer followed by final offers, which are both based on written appraisals that underestimate property values and any damage done in taking it from them; if these two parties cannot agree after exchanging all necessary information about how much each party believes they should receive for what was taken or damaged, then there must be legal proceedings conducted known as “condemnation lawsuits.”
The condemnation process in Texas is a two-step litigation that includes a Special Commissioners’ Hearing. The court-appointed three commissioners will hear evidence and arguments from all parties involved and determine how much compensation should be paid out on behalf of a landowner whose property will soon become a public infrastructure for our great state!
The only issue considered by these experts are damages totaled up based on relevant factors like size, use, whether there has been wrongdoing along with other important details related towards making such decisions wisely.”
Participation in this first phase is not required. Here are some of the best reasons not to participate in this first phase:
The commissioners’ hearings are one aspect of condemnation basics in Texas that many people find confusing. These often only serve to educate your adversary, but this can be especially true when there’s a large disagreement between the parties, and they will object to each other’s findings.
Special commissioners are paid for their work so that they might have a bias against landowners. Any decision that favors a landowner can be appealed and the commissioner can be prevented from serving in later hearings on this project if it’s ruled improper by another commissioner or judge.
The condemning authority is then required to deposit the amount necessary for them take possession of your property during litigation. If no objections are filed, then a final judgment based on their recommendation will be entered by the court upon request!
The second phase in the Texas condemnation process is litigation. If a case does not settle, it goes to trial and can have an appeals stage if needed.
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.
