Hire a Texas Eminent Domain Lawyer to Maximize Your Property Settlement

Most of Texas land is still privately owned.

That puts the government in a tough spot. They need more land to keep building new infrastructure to support a booming population.

So they often use eminent domain laws to seize property for public use.

However, public use is no excuse for abuse of property owners’ rights.

Unfortunately, that’s exactly what happens with a lot of property owners. They are intimidated, manipulated, and poorly compensated to give up their lands.

Our passionate team of Eminent Domain Lawyers have helped defend the rights of Texas land owners and get them the high compensation they deserve. We have experience defending retail, commercial, industrial, and special-use properties.

Understanding Condemnation Cases

Eminent domain is the legal right of the government to acquire private property for public use. The legal process through which this land is acquired is known as condemnation.

They have to prove the land is only being used for projects that add real public value, such as:

• Highways
• Public buildings like courts, government offices, and fire stations
• Schools
• Airports, bus and railway transport network
• Water, drainage, or gas pipelines
• Military installations
• Dams
• Power stations

Just because the process is called condemnation, it doesn’t mean your case is condemned. This power of eminent domain is not absolute.

So, if you’ve received a condemnation notice from the government. It’s NOT an eviction notice.

There are clear Texas state laws, federal laws, and the Fifth Amendment to defend your property rights.  

5 Key Private Property Owners’ Rights that You’re Entitled to:

1. Public purpose– The Fifth Amendment only allows the condemnation of private properties for public use.
2. Due process – The Fifth and Fourteenth Amendments mandate governments and citizens to go through a due process of law for settling the case. Landowners must provide proper legal documentation on time giving property owners a chance to respond properly.
3. Just compensation – According to the Fifth Amendment, the condemning party must also provide just compensation to the property owner. Owners are entitled to be compensated for their whole property value and any damages they face because of this process.
4. Reimbursing expenses – Texas state laws allow property owners to recover numerous costs they’re forced to bear during the condemnation process, such as
   • Lawyer fees
   • Relocation expenses
   • Appraisal or survey fees
5. Dispute – You have the right to legally contest the condemnation process. Your eminent domain lawyer will be able to figure out if your property rights are being violated. They’ll navigate all the complex legal processes and deadlines to negotiate the best possible settlement for you.

Types of Properties and Compensation Challenges

Here are the 3 types of properties that the government can acquire under eminent domain laws:

1. Commercial Properties – A hot location has a lot to do with the success of a business. You have to account for the impact of relocation on your business. You have to measure more than the property land value. Will relocation negatively impact your brand exposure and customer footfall? If yes, then you need to be compensated for it too.
2. Industrial Properties – You have to consider various logistical, access, and locational needs while evaluating an industrial property. Will you be relocated to a property with access to the same resources locally available where you are right now? How long will it take for you to clear the necessary permissions to set up your factory in a new location? You have to slow down and measure the impact on property function and market value.
3. Special-Use Properties – There are unique compensation challenges for acquiring churches, schools, and institutions. Their layout may limit their functionality and compromise the property value. It can also be a more complex matter to contest as both the plaintiff and defendant can argue that their property offers public value. You have to factor in the interests of your community along with the property value.

Maximizing Compensation: The Firm’s Process

We’re not here to play your real estate broker. We care about you getting the best value for your property AND experiencing the smoothest transition once you shift.

There are a ton of factors to evaluate to ensure you walk away with a compensation that you’re happy with years after the deal.

Here’s a brief overview of the proven process we’ve used to win the best possible settlements for our clients:

• Hiring experienced forensic appraisers to strengthen your property valuation claim
• Consulting you throughout the evaluation process to account for all personal and professional benefits of using the property
• Checking your lease to identify any violations and negotiate amendments to strengthen your claim
• Proactively communicating with your lenders to clarify the compensation process
• Proactively working with government employees to get you the best possible property to relocate to
• Recommending relevant maintenance work to maximize recovery
• Identifying and clearing any environmental hazards that could risk your claim
• Connecting you to tax advisors to take advantage of special tax rules associated with eminent domain
• Presenting any shortcomings in the property alternatives identified for relocation to maximize damages

Experienced Attorneys and Board Certification

Ranked among the top 100 Houston Super Lawyers, our experienced attorneys here at Wyly & Cook have a track record of winning eminent domain cases across Texas.

We have a Board-Certified lawyers exclusively focusing on condemnation cases with the experience defending property rights that you need.

Only 4% of attorneys attain board certification.

Now you know you’re being represented by lawyers trusted by the community and respected by their peers.

We’re always willing to go the extra mile to get you the best possible settlement for your land.

Frequently Asked Questions

What is a condemnation case?

What rights do property owners have in government takings?

How can property owners contest offers and seek full compensation?

What types of properties are susceptible to takings?

What challenges do special-use properties face in condemnation cases?

How does the firm's process maximize compensation for property owners?

What is the significance of board certification?

How does the firm guarantee results?

What is the reputation of the firm in the field?

What do clients say about their experience with the firm?