EMINENT DOMAIN AND CONDEMNATION
Eminent Domain and the condemnation process is not a willing buyer and
willing seller transition; it is a legally forced sale!
PROTECTING TEXAS LANDOWNERS’ RIGHTS
Eminent Domain is the power of the government or quasi-government entities
to take private or public property interests through condemnation. Eminent
Domain has been a significant issue since 1879 when, in the case of
Boom Company v. Patterson, the Supreme Court first acknowledged that the power of eminent domain
may be delegated by state legislatures to agencies and non-governmental
entities. Thus, the era of legal takings began.
Gattis Law Firm, P.C. has more than a decade of representing clients in commercial litigation
suits, which includes having tried more than 100 jury trials to verdict.
This firm is fully committed to ensuring that client’s rights are
respected by the government and large corporations.
free evaluation regarding your case, whether you live in Central Texas or in the surroundings
counties in the entire state.
WHAT ARE MY RIGHTS RELATED TO EMINENT DOMAIN & CONDEMNATION?
Eminent domain is defined as the power possessed by the government and
other entities to take private land and use it for public projects. Condemnation is
the process used to take land from a property owner. Put simply, eminent domain is a power and condemnation
is a process.
Our mission at the Gattis Law Firm is to ensure your rights as a landowner
are respected when your property is targeted for acquisition and that
you receive fair compensation for it.
As a property owner, you have 10 critical rights:
· You have the right to fair compensation for land that is taken
for public use
· Land can only be taken for public projects
· Only an entity with the power of eminent domain may take your land
· You must be properly notified about the condemnation
· You must be provided with a written appraisal from a certified appraiser
· A bona fide purchase offer must be made before a condemnation
petition is filed
· You may enlist your own appraiser to assess the value of the land
· You may enlist a lawyer to represent you
· You are entitled to a special commissioners' hearing
· You are entitled to trial by judge or jury if you are unhappy
with the award
You as the landowner are entitled to the fair market value for your land,
because the process can impact your ability to develop your land in the
future. Before entering into an easement agreement or contract that conveys
your property to the government or any entity, you need to fully understand
the ramifications of the taking and acquisition on your remaining property
and your right to contest the value being offered.
CONTACT US FOR A FREE INITIAL CONSULTATION IN TEXAS
The Condemnation Process in Texas
The Texas Constitution declares that “No person’s property shall be taken ... for a public use without
adequate compensation ... and only if the taking is for the State ...
or the public at large; or an entity granted the power of eminent domain
Establishing a value for the actual land taken and damage to the remainder
is a crucial element in protecting yourself and your land. Dan Gattis
is not just an attorney, he is also a landowner and he understands the
value of protecting your property.
Even with a written offer and a copy of the condemnor’s appraisal
in hand, an average landowner is still unlikely to understand the extent
of his rights and options under eminent domain law.
If you have been contacted concerning an eminent domain and/or condemnation,
protect yourself and your land by speaking with our firm before you begin
any negotiations. We put your needs first and can challenge any entity,
public or private.
It’s not just land to us - it’s your family and business!
Call us today at—(888) 676-5332!