"Eminent Domain" refers to the inherent right of the government to take private property for a public use. "Condemnation" is the legal process used for such a taking. While the government has this vast power, the Fifth Amendment of the U.S. Constitution and Article I, Section 17, of the Texas Constitution guarantee that a property owner will receive just compensation for the taking. If the government and property owner cannot agree on that compensation then, ultimately, they are entitled to have the judicial system determine it based on the law.
Under eminent domain law, the government only has the right to take the property for a legitimate public use. This means property can be taken to build a public road, to create a municipal park, to construct a school or public library, or to provide utilities. However, the power of condemnation is not limited to the government. Private entities also sometimes have the power of eminent domain if allowed by the law and if used for a project that has been deemed to be effectively a public use. For instance, private companies can force the sale of private property for oil and gas pipelines in some situations if used to further a common carrier function.
In blighted or deteriorated areas that present a threat to public safety, the government also has the right to take some property through eminent domain. But this right is limited.
How Does Eminent Domain Work?
The government’s taking of private property is referred to as condemnation. Condemnation does not mean that there is anything wrong with your property or that is being condemned as unsafe or labeled as a tear-down. Condemnation simply means that the government is exercising its right of eminent domain.
When the government determines that it will use eminent domain to take your property, it must appraise the property to determine fair compensation.
When the government makes an offer, you have the choice to accept or decline the offer. Declining the offer does not mean that you are entitled to keep your property; the government can still force the taking. However, our Texas eminent domain lawyers can help you present your opinions of what constitutes just and adequate compensation and that the government’s offer is below fair market value.
When Can You Fight Eminent Domain?
Stopping the condemnation altogether can be a challenge and is not always possible. In some instances, however, you can prevent the government from taking your property by proving that the government is not taking it for a legitimate public use. A Texas eminent domain attorney is essential to successfully stopping the condemnation since it can be difficult to prove that the government is acting improperly. Sometimes condemnations are stopped when the taking authority realizes the actual cost to acquire that will be involved.
Contact the Eminent Domain Attorneys at Barron, Adler, Clough & Oddo, LLP
If you are facing a regulatory taking, condemnation or other eminent domain action in Texas, contact the Texas eminent domain lawyers at Barron, Adler, Clough & Oddo, LLP, to learn how we can help. Our condemnation attorneys have represented more clients throughout Texas on more projects than any other firm and our attorneys are experts in the field of eminent domain.
News & Resources
Dallas to Houston Bullet Train Names Renfe as Operator
October 15, 2018
The company developing the Dallas to Houston bullet train project, Texas Central, has named railway company Renfe as the train’s operating partner. Renfe is based in Spain and operates railway operations internationally.
Texas Central Bullet Train Project Secures a $300 Million Loan
September 17, 2018
Texas Central, the company that has been planning to build a bullet train between Houston and Dallas, has announced it has secured a loan of up to $300 million for the project. According to Texas Central, the funds will be used to move ahead on permitting, design and engineering, as well as other preliminary work on the project. Texas Central has stated it intends to launch construction in 2019, although there are still several pending legal challenges to Texas Central’s claim that it has the power to condemn.
Kinder Morgan Announces New Permian Highway Pipeline
September 10, 2018
Kinder Morgan has announced plans to construct a new pipeline connecting the Permian Basin to the Gulf Coast. The 430 mile long, 42” diameter Permian Highway Pipeline is expected to carry natural gas for ExxonMobil and Apache Corp.
Energy Transfer, Magellan, MPLX, and Delek Announce New Pipeline
September 5, 2018
Energy Transfer, Magellan, MPLX, and Delek have announced they have received sufficient shipping commitments to proceed with their planned 600-mile pipeline that will connect the Permian Basin with the Gulf Coast. The pipeline is expected to be operational by mid-2020.