As a property owner in Texas or Alabama, you enjoy some of the strongest legal protections available to landowners throughout the country. These two states believe strongly in an individual’s right to own private property without worrying about outside interference. However, there are circumstances in which a government entity may decide to invoke the constitutional power of eminent domain, which allows it to seize private property to complete projects that benefit the public in some way. For example, the construction of a new highway may require that several existing homes be seized and demolished in order for the construction project to move forward. Since the proposed highway construction project is in the best interest of the public (i.e., the new highway will ease congestion and improve traffic flow), the power of eminent domain can be used to seize privately owned properties to meet this goal. If a government or other approved entity invokes its eminent domain power, it must provide the private landowners with compensation in exchange for taking the property.
As a homeowner, it can be daunting and intimidating to learn of an entity’s intention of invoking eminent domain authority, and many assume they have no choice but to go along with these condemnation proceedings. However, it’s essential to understand your legal rights and options when facing condemnation and eminent domain actions so you can make informed decisions with clarity. Enlisting the guidance of a highly qualified and experienced Alabama and Texas eminent domain lawyer is the best way for you to feel empowered and protected during this confusing time. Let’s take a look at some of the legal strategies that private property owners can explore when facing condemnation in Texas or Alabama.
Understanding Eminent Domain and Condemnation
First, it’s important to distinguish between the terms eminent domain and condemnation. Eminent domain refers to the constitutional power bestowed upon government entities to take privately owned property and convert it into public use. Federal, state, and local government entities may invoke eminent domain at any time, as long as the goal meets the public use requirements. Condemnation refers to the legal process that occurs when an entity wishes to invoke its eminent domain power. A critical aspect of the condemnation process occurs when the entity issues a condemnation notice informing the property owner of the upcoming proceedings and making a compensation offer to account for the taking of the property. As a property owner, it’s important to recognize that the compensation offer included in the condemnation letter is not set in stone. In fact, many property owners mistakenly assume that they have no choice but to accept the offer and give in to the condemning authority’s every request. The reality is that landowners in Texas and Alabama have several legal rights and options in eminent domain and condemnation proceedings, and they may be able to challenge the condemnation action or negotiate a more equitable settlement offer. As soon as you hear of a potential construction project in your area that may involve eminent domain or condemnation, reach out to a knowledgeable and caring condemnation attorney to discuss your options. Your plan of action needs to be ready on the day you receive this notice. So, it is important that you start engines as soon as you learn that your property might be affected by a project.
How to Fight Eminent Domain in Texas or Alabama
If you receive a condemnation notice, the condemning authority must inform you of your legal rights and responsibilities. Alabama allows landowners to respond to the condemnation action if they wish to challenge the entity’s right to condemn, dispute the area in question, or raise preliminary objections to the condemning authority’s procedure. In Texas, condemning authorities must provide affected landowners with a copy of the State of Texas Landowner’s Bill of Rights, which outlines the rights and legal options available to individual property owners. For example, landowners may hire an appraiser or other outside professional to determine the value of the property in order to negotiate a more fair and favorable settlement offer. Property owners in both states also have the right to participate in the special commissioner’s hearing, where you and your attorney can question witnesses or provide your own evidence to demonstrate both the value of your property and the damages to the remainder (i.e. the property not taken) that will result from the project. Moreover, you have the right to object to the amount of compensation determined by the special commissioners, and you can appeal and demand a trial by a judge or jury. Ultimately, receiving a condemnation notice is one of many steps that take place during this legal process, and you will have several opportunities to challenge the action or negotiate a fairer amount of compensation. Reach out to a trusted and empathetic eminent domain attorney today to learn more.
How Can You Fight Eminent Domain?
The prospect of facing a lengthy legal battle against a large government entity can be daunting and stressful. But, you do not have to go through this process alone. Before you accept a lowball or unfair amount of compensation, it’s in your best interest to discuss your options with a highly qualified and experienced eminent domain attorney who can assess every detail of your situation and identify the most strategic path forward. There are several ways to fight eminent domain, such as disputing the necessity and public purpose of the project, contesting the compensation offered for their property, and ensuring that due process is followed and proper notice is provided at every stage of the legal process. Fighting eminent domain does not adhere to a one-size-fits-all approach; instead, your dedicated and skilled attorney can help you develop a customized approach to challenge various aspects of the eminent domain proceedings to ensure that your best interests remain protected at every turn. Together, you can turn lemons into lemonade.
If you have questions about the condemnation or eminent domain process, the dedicated legal team at Sewell Sewell Beard, LLC, is ready to provide you with the customized and effective legal guidance you deserve. We’ve been doing this for 40 years! Please call our Jasper, Alabama office at (205) 544-2350 or our Prosper, Texas office at (972) 777-5390 today to speak with a caring and knowledgeable eminent domain attorney.
