Homeownership is recognized as a notable accomplishment in every state. In particular, Alabama and Texas have taken considerable steps to provide some of the most robust legal protections for private property owners in the country. Owning a piece of land, whether it has been in your family for generations or you have recently finalized the purchase of your first home, can be both a source of pride and stability. As a private landowner in Alabama or Texas, you have the right to feel secure in your rights as a property owner in virtually any scenario. However, there is one situation in which you may be legally obligated to hand over your land to a government entity in exchange for compensation. Under federal and state constitutions, government entities possess eminent domain authority that allows them to seize private property for projects that benefit the public in some way. In other words, when a government entity like the Department of Transportation announces its plans to build a new highway in a community to ease traffic congestion and improve mobility (which benefits the public), it can invoke its eminent domain power in order to accomplish this objective. If the project requires the use of private property in order to construct the new onramp or freeway, the entity has the legal right to compensate the affected landowners and take their property.
While it may feel as though you have no choice but to go along with this process, it’s essential for property owners to seek the guidance and support of a knowledgeable eminent domain attorney to ensure that their legal rights remain intact at every turn. This post will explore how eminent domain matters typically unfold and the advantages of working with a highly qualified and caring eminent domain lawyer during this confusing and complicated time.
Understanding the Right of the Government to Take Private Property
Many people are surprised to learn that the government has the right to seize privately owned property in certain circumstances. Generally speaking, most of us justifiably believe that a private property owner has the right to use their land as they see fit. However, the federal government recognizes that eminent domain “appertains to every independent government. It requires no constitutional recognition; it is an attribute of sovereignty.” While this statement dates back to 1879, the Fifth Amendment of the U.S. Constitution clarifies that private property cannot be taken for public use without the government entity providing just compensation in return. Essentially, a qualified government entity has the right to exercise eminent domain authority in order to complete a project that benefits the public. In return for taking the land, the entity must provide the private property owner with “just compensation.” It’s also important to understand that eminent domain refers to the entity’s constitutional authority to take private property in exchange for compensation, while the term “condemnation” refers to the formal legal process that is triggered when an entity invokes its eminent domain power. Even though an entity may have the legal right to seize your property, it’s essential to recognize that the condemnation process must adhere to many rules and procedures to ensure that your legal rights remain intact and upheld at all times.
Identifying Condemned Property Owner Rights
States like Texas have established formal procedures that govern the condemnation process. For instance, the Texas Attorney General’s Office provides a copy of the State of Texas Landowner’s Bill of Rights that a government entity that is initiating condemnation proceedings must give to the affected landowners to inform them of their legal rights during this process. Some of these rights include the property owner’s right to hire an appraiser or other professional to determine the value of the property, the right to hire an attorney to negotiate with the condemning entity, and the right to participate in a hearing before a court-appointed panel to determine the amount of compensation the condemning authority must provide to you for the taking of your property. Moreover, the condemning authority is required to make a bona fide offer to purchase the property. Unfortunately, the government entity may attempt to make you a lowball offer that neglects to consider the comprehensive value of the property being acquired and/or the damage to the property not being taken (i.e. the remainder). The condemnation notice and the lowball offer are usually worded in such a way that leads you to believe that you have no choice but to accept the offer and sign over your land. However, working with an experienced and caring condemnation attorney can give you the tools you need to dictate the terms of the transaction. Most people who try to represent themselves end up leaving a lot of money on the table.
The Benefits of Hiring an Eminent Domain Private Property Lawyer
As a private property owner, receiving a condemnation letter can be an intimidating and overwhelming experience. Suddenly, you face an uncertain future, and you will need to figure out how to uproot your life and determine where to relocate. As soon as you learn that your property might be affected you should seek the guidance of a highly skilled and compassionate condemnation lawyer to review the specifics of your case and determine the most strategic path forward. In many cases, your attorney can help you negotiate a more fair and favorable compensation offer that provides you with the financial resources you need to ease the transition to your new home. Additionally, a qualified and skilled eminent domain lawyer can assess your case and help you understand your legal options for taking the matter to court to get the award you are entitled to receive. No matter what the specific details of your situation may be, you can rely on your knowledgeable eminent domain lawyer to make the best decisions and turn lemons into lemonade.
As soon as you hear of a proposed construction project in your community that could affect your property, reach out to Sewell Sewell Beard LLC to discuss your legal rights and options. Call our Jasper, Alabama office at (205) 544-2350 or our Prosper, Texas office at (972) 777-5390 to get started with a dedicated and experienced eminent domain and condemnation attorney today. We’ve been doing this for 40 years!
