Houston Real Estate & Property Law – Property Condemnation
Property condemnation, also known simply as “condemnation,” is one of the more basic concepts of real estate law and business law Broadly speaking, condemnation statutes allow local, state or federal authorities to seize privately owned properties for public purposes. Condemnation is most commonly used for such infrastructure and improvement projects as:
- New road construction
- New pipeline or waterway construction
- Transmission line construction
- The development of new public facilities, such as wastewater treatment plants or county offices
- Blight mitigation
Some of these uses are more controversial than others. In almost all cases, however, property owners facing condemnation have the opportunity to defend themselves and potentially forestall or prevent the action.
Property Condemnation in Greater Houston and Galveston
Property condemnation occurs regularly in Pearland, Katy and other southeastern Texas communities. For proceedings to be legally enforceable, the authorities must follow the following criteria:
- The property may only be condemned for a public purpose or to provide a “public benefit”
- The authorities may condemn only property that is absolutely necessary to fulfill said benefit – in other words, an entire lot cannot be taken for a need that requires only 25 percent of its area
- The owners of any condemned land must be adequately and fairly compensated for the seized property
- The authorities must provide reasonable and practical advance notice to all affected property owners and offer the chance to mount a defense against the action
In a surprising number of cases, these four relatively simple guidelines are not followed. This opens the door for property owners to fight – and often achieve favorable outcomes in – their condemnation proceedings.
Houston Real Estate Attorneys with Property Condemnation Expertise
Although the concept of property condemnation is a fairly straightforward facet of corporate law and consumer law that affects individuals and business owners alike, it is frequently possible to mount a strong defense against cases that appear challenging at first glance.
At The Law Office of Henry A. Jakob, PLLC, we understand the emotional and financial investment that residential and commercial real estate owners put into their properties. Accordingly, we pledge to aggressively advocate on behalf of clients facing condemnation and are committed to doing everything legally and practically possible to forestall or prevent such action. Whether you are a residential landowner facing property condemnation in Missouri City or a Sugar Land business owner exploring your commercial litigation and business planning options, we value the opportunity to assess your case and provide whatever assistance you may need.
Contact Us Today
If you would like to learn more about our commercial and residential real estate attorneys’ expertise in matters related to condemnation and other property law issues in Harris, Ford Bend and Waller County, please call us at 832.879.2244 or fill out the online contact form at your convenience.