A utility easement is a form of approval that utility companies must have to use any portion of a property owner’s land. They do this to install or maintain utility infrastructure, like water pipes or gas lines. While the landowner still owns the property, they must comply and allow the utility company to perform work within the area unless an attorney identifies any illegal activity. Compensation for utility easements can be negotiated to reflect the impact on property value.
Pilot Point TX Eminent Domain Lawyer
The government has the right to seize any property for public use if it fits within a certain frame of requirements. As a land owner, this can be extremely frustrating. Many land owners are worried by the fact that their home will be taken or forever altered, part of their real estate portfolio they’ve worked so hard to build could be taken away or a business that operates on that land will be harmed. In these instances, a Pilot Point, TX, eminent domain attorney can review your situation to see what options might exist to protect your property.
At Alagood Cartwright Burke PC, we understand how much value and meaning your property has for you. The thought of someone taking it away can take a huge emotional and finacial toll. Our condemnation lawyers work hard to protect our clients’ land from any illegal takings or to ensure they are well compensated when the taking is lawful.
What Is Eminent Domain?
The concept of “eminent domain” in the United States refers to the government’s authority to legally take control of your private property, without your consent, to use it for public use. The distinction of “public use” is extremely important in eminent domain cases, as it’s only this detail that gives the government the right to move forward with an eminent domain act.
Some reasons why the government might take your property include:
Infrastructure Projects
The government may have plans to build or expand certain infrastructure in your area, like highways and bridges. This is because the government is responsible for constantly developing and maintaining a transportation network that helps our communities navigate the area. Because these projects require large amounts of land and complicated logistics, one of their projects could, unfortunately overlap with property you own.
These projects can be justified by having clear benefits to the public. This could include reducing traffic congestion, improving accessibility, or even providing more economic opportunities to a certain region. Common examples include expanding an interstate highway or constructing a new subway line.
A defense attorney can help landlords who are facing the prospect of losing their property to an infrastructure project. Having legal representation can help you challenge the necessity and scope of the project. If the project moves forward anyway, an attorney can try to negotiate a higher compensation offer for losing the land.
Public Buildings and Facilities
It’s possible that the government might try to seize your property under eminent domain to construct more public buildings, like schools, government offices, or hospitals. This is only done to provide access to necessary services for communities. Facilities like hospitals and schools need enough space to offer sufficient medical services or accommodate a growing student population.
In these instances, a defense attorney can review the eminent domain claim you received to ensure that it meets the legal requirements for the public’s use and necessity. If there is any evidence to suggest that it is not an investment being made to provide the community with an essential service, an attorney can make this point in court to try to stop the attempt. They can also help by questioning the fair market value and conducting another appraisal to show its true value.
Utilities and Services
Any construction or maintenance of utilities, like water supply systems or sewers, often requires a continuous game of acquiring new property to keep things running. Utility infrastructure, like power lines and natural gas pipes, is essential to help keep communities healthy and safe. To build or expand on these services, the government might attempt to take your property for a specific project.
A defense attorney can look into why the specific project that is impacting you is happening. If possible, they can propose an alternative solution to the government that might reduce the impact that the project has on your property.
FAQs
What Rights Do Property Owners Have If Their Land Is Taken Through Eminent Domain?
Property owners have the right to fair compensation if their land is taken through eminent domain. This means that the compensation being offered by the government must be based on the property’s market value. They also have the right to challenge the request if they have any evidence to suggest that the property is not being taken for legitimate public use. Property owners can work with a lawyer to negotiate a better compensation offer.
Can a Property Owner Refuse to Sell Their Property Under Eminent Domain?
A property owner cannot simply deny the government’s request to take their property under eminent domain. However, they can challenge the reason why the government is implementing eminent domain. If there is compelling evidence to make this case, a property owner and their attorney can advance a case to court, if necessary. There, they can try to prevent the transaction from happening or seek more compensation for the landlord’s inconvenience.
What Is the Role of a Lawyer in Eminent Domain Cases?
A lawyer who practices eminent domain law has experience representing property owners who face land seizure. Often, an attorney in this space can either try to prevent the project from happening, negotiate a higher settlement for their client, or highlight any discrepancies in the government’s legal procedures to make the project happen. Your attorney can work to protect your rights through negotiation, mediation, or litigation if necessary.
Contact Alagood Cartwright Burke PC Today
While navigating an eminent domain case can be overwhelming, you never have to face it alone. The experienced local attorneys of Alagood Cartwright Burke PC are dedicated to helping protect property owners’ rights and properties in Texas. Contact us today to discuss more about your case and how we can help you achieve the most favorable outcome.
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