Once you become a property owner, you may assume that you are the sole authority over this land. However, government agencies at the local, state, and federal levels reserve the legal right to seize private property and convert it for public use. In exchange, the agency must offer “just compensation” to the landowner. This process, known as condemnation, may occur at any time. If you are a landowner in Alabama or Texas, it’s essential that you understand your rights during every stage of this process. Below is an overview of the condemnation process and the steps you should take if a government or corporate entity has issued a threat of condemnation against you.
Condemnation For “Public Use”
There are several reasons why a government entity may need to seize privately owned property. If the state or federal government transportation bureau is constructing a new highway that will run through your property, they may move forward with the condemnation process. Other common projects in which entities may initiate the condemnation process include the construction of state parks, railways, housing communities, commerce centers, and other projects that will benefit the community in some way. Developers can interpret the broad term “public use” in many ways, so they may pursue the condemnation process as long as they can show that the proposed project will benefit the public somehow.
Receiving a Threat of Condemnation or Offer Letter
In Alabama and Texas, the condemnation process begins with the local, state, or federal government entity issuing a public announcement about the proposed project. If the project involves your property, the entity will send you a threat of condemnation letter announcing its intention to acquire your property in exchange for “just compensation.” In most instances, the price the agency offers will be low, as the condemning entity hopes that property owners will not understand their legal right to push for a more equitable settlement offer. The offer included in this letter was most likely calculated without the thorough assessment and methodology required under condemnation law.
Understanding Your Rights as a Property Owner
Many people fail to recognize the full scope of their legal rights as property owners in Alabama and Texas. They may assume they have no choice but to cede their property to a large and powerful government agency, allowing the condemning authority to pay them an unjust amount of compensation in return for their land. As soon as you learn of an upcoming construction project in your area that could impact your property, you should contact a skilled condemnation lawyer to discuss your legal options. Your attorney will assess the details of the situation and work hard to negotiate a fair and favorable settlement on your behalf.
Pushing For a Fair Appraisal
It’s essential that you recognize your right to push for a more just and fair settlement offer. In many instances, the condemning entity will use an appraiser who fails to adhere to laws regarding the type of appraisal that should be conducted, which leads to a significant under evaluation of your property. This appraiser may also provide insufficient or inaccurate justification for the lowball offer included in the condemnation letter. With the help of your condemnation attorney, you can locate an expert appraiser who will perform a comprehensive review of your property. You can use this evaluation to push for a more equitable amount of compensation in exchange for the government’s seizure of your property.
When Court Becomes Necessary
While many condemnation issues can be resolved through negotiation, there are circumstances that may require the matter to proceed to court. The government has the option to file a complaint that initiates a condemnation proceeding against the property owner. You and your attorney can file an answer, and the legal process will move forward from there. This option can be stressful and costly for landowners, so it’s best to work with an experienced condemnation attorney who can negotiate a fair outcome before the need for litigation arises. However, should court become necessary, your lawyer will represent your best interests and seek the fairest and most favorable resolution possible.
Proudly Supporting Alabama and Texas Landowners
If you have received a threat of condemnation letter, it’s natural to feel confused, overwhelmed, and stressed. However, you do not have to go through this difficult process on your own. When you enlist the support of a knowledgeable condemnation attorney, you can better understand your legal rights and push for a more fair and just outcome. Together, you and your attorney can assess your options and determine the most strategic path forward. No matter what your specific needs or circumstances may be, you can trust that your condemnation lawyer will fight hard to protect and represent your best interests at every turn.
If you are struggling with a condemnation matter in Alabama or Texas, call Sewell Sewell Beard, LLC, today at our Jasper, AL office (205) 544-2350 or our Prosper, TX office (972) 777-5390 to get started.
