Eminent domain has been used in the U.S. since the beginning of our nation. The power to condemn land for use in government projects is derived from the Fifth Amendment to the U.S. Constitution, which states that no person shall be “deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Consulting with a Katy real estate law firm can be a good first step toward achieving a fair financial settlement for those with property currently under threat of eminent domain proceedings in the state of Texas. Here are some facts about eminent domain and the condemnation of land by government agencies to promote the greater good.
The Basics of Eminent Domain
In general, federal and state governments have the right to seize real estate holdings and certain other types of property from private owners if a compelling need exists for the public good. The property owner usually has no legal means to prevent this condemnation and seizure of their land and buildings. However, owners are entitled to fair compensation for their losses. A Sugar Land real estate law attorney can protect the rights of property owners during negotiations with federal and state agencies and can work to achieve the highest possible price for their real estate holdings.
Some Private Companies Can Assert Eminent Domain
In some cases, private companies may be authorized to condemn real estate holdings and to assert eminent domain rights. These companies must show that these actions are in the public interest before receiving approval for eminent domain proceedings. In the state of Texas, oil and gas pipeline companies are often responsible for condemning portions of privately held land for the public purpose of transporting these commodities safely. The same rules apply to private companies and public agencies regarding fair payment and assessment of value for the land and property being condemned.
The civil litigation and real estate law attorneys at The Law Office of Henry Jakob can help you navigate the issues involved in eminent domain claims and condemnation of your land. Your Katy small business attorney will work with you to determine the fair value of the assets being condemned to ensure that you are not financially injured by these proceedings. The professionals at The Law Office of Henry Jakob have the experience and in-depth knowledge of the Texas legal system necessary to achieve the best possible outcome in your case. Call us today at 713.640.5700 to set up a consultation with us. We believe you will be glad you did.