Houston Eminent Domain Lawyer

Trusted Eminent Domain & Condemnation Lawyer in Houston, TX

Eminent domain, also known as condemnation, is the power of the government to take private property for public use. While this authority is inherent to federal, state, and local governments, it is not without limitations. According to the Fifth Amendment to the U.S. Constitution, the government must provide “just compensation” when exercising this power.

At Bins Law Firm, we specialize in protecting property owners’ rights in Houston and surrounding areas. Our experienced team of Houston eminent domain lawyers is dedicated to ensuring you receive fair treatment and compensation if your property is targeted for acquisition. If you’re facing issues pertaining to eminent domain/condemnation in Texas, contact our Houston eminent domain lawyer today at 832-754-7169 for a free consultation.

Understanding Condemnation in Texas

If the government seeks to acquire your land—for instance, to construct an interstate or toll road—they must follow the legal process of condemnation. Throughout this process, the agency is obligated to compensate you fairly for the land they take. A common mistake many people make is to accept whatever offer the government presents without question.

At Bins Law Firm we have extensive knowledge of eminent domain laws and procedures. We are committed to ensuring that you are treated fairly and not taken advantage of during this process.

What is Just Compensation?

“Just compensation” is a critical concept in eminent domain law. It aims to ensure that property owners are financially restored to the position they would have been in if their property had not been taken. However, determining just compensation can be complex and often involves disputes over property valuation.

Factors Influencing Just Compensation

Several factors influence the amount of compensation you may be entitled to, including:

• Market Value: The primary measure of just compensation is the fair market value of the property at the time of the taking.
• Highest and Best Use: The valuation considers the most profitable use of the property, whether or not it is currently being used in that manner.
• Damages to Remaining Property: If only a portion of your property is taken, you may be entitled to compensation for any decrease in value to the remaining property.
• Relocation Costs: In some cases, you may be compensated for the costs associated with relocating your business or residence.

Our experts work diligently to ensure that all relevant factors are considered and that you receive the full compensation you deserve.

Types of Eminent Domain Cases We Handle

Bins Law Firm handles a wide array of eminent domain cases in Houston, including:

Residential Property

If your home is targeted for acquisition, it can be an overwhelming experience. Our attorneys provide comprehensive support, from contesting the taking to negotiating fair compensation.

Commercial Property

For business owners, losing property can mean significant financial loss and operational disruption. We help commercial property owners protect their investments and secure appropriate compensation.

Agricultural Land

Farmers and ranchers face unique challenges in eminent domain proceedings. We work to safeguard your livelihood and ensure that your agricultural land is valued fairly.

Partial Takings

In cases where only a portion of your property is taken, we fight to ensure that you are compensated not just for the land taken but also for any negative impacts on the remaining property.

Inverse Condemnation

Sometimes, government actions effectively take property without formal condemnation proceedings. In such cases, we can help you file an inverse condemnation claim to recover damages.

The Eminent Domain Process

Understanding the eminent domain process can help you better prepare and protect your rights. Here’s what you can expect:

Notice of Intent

The process typically begins with a Notice of Intent to Acquire, notifying you that the government is interested in acquiring your property.

Appraisal and Offer

The government will conduct an appraisal and make an initial offer based on its valuation. It’s crucial not to accept this offer without consulting an attorney, as it may not reflect the true value of your property.

Negotiations

Our lawyers will negotiate with the government on your behalf to secure a fair and just compensation. This phase involves presenting evidence of your property’s value and any other relevant factors.

Filing a Claim

If negotiations do not result in a satisfactory agreement, we will help you file a claim in court. Our team will prepare the necessary legal documents and represent you throughout the litigation process.

Trial and Resolution

During the trial, both sides will present their case, including expert testimony and evidence. The court will then determine the amount of just compensation. We continue to support you through any appeals if necessary.

Frequently Asked Questions

When Can the Government Take Private Land for Public Use?

Under Texas law (Property Code Chapter 21), private land can be acquired under various circumstances. However, such acquisition must be for a valid public purpose, and the entity taking the land is required to provide the owner with just compensation for the property taken, as well as for any damages to the remaining property. Public uses for which private property may be taken include the construction or expansion of:

• Highways, toll roads, and streets
• Government facilities, such as courts, offices, libraries, and fire stations
• Schools and public parks
• Airports and transportation hubs, including bus stations, light rail, railroads, and ports
• Water, oil, or gas pipelines
• Military installations
• Sewer, water, or storm drainage systems
• Dams or submerged lands
• Power generation facilities, such as coal, natural gas, or nuclear plants

If you suspect that your land is being taken for a purpose that does not align with the public use requirement for eminent domain and condemnation actions in Texas, please reach out to us. Our civil litigation attorneys are equipped to help you understand your legal rights and options.

Can I Stop the Government From Taking My Property?

While challenging the taking itself can be difficult, you have the right to ensure you receive fair compensation. In some cases, contesting the necessity or public use requirement may be possible.

How Does Eminent Domain Work in Texas?

Property owners often receive a letter from a taker or their contractor requesting to survey and make an offer to purchase some or all of their property for a specific project. If the owner rejects the offer, they may negotiate for more compensation or deny it outright. If no agreement is reached, the taker can file a condemnation lawsuit against the owner.

The court appoints three local landowners as Special Commissioners to assess the value of private property and any damages due to its acquisition. They issue an “award” indicating the compensation owed to the property owner. If either party disagrees with the award, they can object, sending the case to trial court, where it proceeds like a civil lawsuit. The parties then either settle or go to trial to determine the final compensation.

How is the Value of My Property Determined?

Property value is generally determined based on its highest and best use and fair market value. Factors like location, current use, and future potential all play a role.

What Should I Do if I Receive a Notice of Intent to Acquire?

Contact an experienced eminent domain attorney immediately. Do not accept any offers or sign any documents without legal advice.

How Long Does the Eminent Domain Process Take?

The timeline can vary widely depending on the complexity of the case and whether it goes to trial. Negotiations alone can take several months, while litigation might extend the process by a year or more.

What is Inverse Condemnation?

In eminent domain and condemnation cases, the government typically acts as the plaintiff. However, in inverse condemnation, the property owner initiates the lawsuit, reversing the customary roles of the parties involved. Inverse condemnation arises when the government appropriates private property without following the proper legal procedures or providing the necessary compensation. As a result, the landowner is entitled to sue for just compensation.

Contact Our Houston Eminent Domain Lawyer Today

Due to the complexity of these matters, it’s best to contact an experienced Houston eminent domain and condemnation lawyer as soon as you receive notice of a potential taking of your property. These cases involve strict deadlines and requirements for determining your property’s true market value. Failing to meet deadlines or follow the correct procedures could result in your property being taken without the compensation you’re owed.

At Bins Law Firm, we can explain your legal rights and what to expect before, during, and after the taking. Throughout the process, we fight to protect your property rights and interests. The sooner you hire a lawyer, the sooner they can take steps to ensure your rights are safeguarded. Contact our eminent domain and condemnation attorney today at 832-754-7169 for a free consultation.