Celina TX Eminent Domain Attorney

Celina TX Eminent Domain Lawyer

Many property owners are surprised to learn that the federal government has the right to seize any property for public use, no matter who owns it. This can be an extremely distressing experience for land owners who have worked hard to build up their real estate portfolios or people who simply don’t want to give up their homes. When this happens, a Celina, TX, eminent domain attorney can see what defense options might exist to protect the property you cherish.

At Alagood Cartwright Burke PC, we treat each eminent domain case as if it were our own home that was on the line. We understand how much sentimental value a property can have or how wise a financial investment it can be. The combined emotional and financial toll can be excruciating. A condemnation lawyer from our firm can protect you and your land from any unfair or unjust attempt at seizing your rightfully owned property.

What Is Eminent Domain?

Eminent domain is the legal authority granted to the government to take control of any property it needs for the greater good of the community. Without proving that the government needs the land for public use, a project will not be allowed to continue. However, if there is a clear link between the government’s project and the value that it can add to a growing population in your area, it could be a legitimate use of eminent domain law.

Some of the most common reasons why the government will execute an eminent domain project include:

Infrastructure Projects

The government is constantly expanding its infrastructure projects to build or extend required services to an area’s community. It’s an expectation of the United States government, which receives pressure from Congress to act on these projects after approving any funds for infrastructure. With limited land within the bounds of the United States, these necessary projects sometimes overlap with someone’s privately owned property.

Some objectives that the government might have with an infrastructure project include trying to reduce the amount of traffic in the area, improving accessibility to rural communities, or boosting a certain area’s economy. This could include a project to expand certain highways or build more public transportation options.

If you have been told that your property is being seized due to an infrastructure project, a condemnation attorney can help. They can take a detailed look into the project to question its scope and necessity. If it is legitimate, they can help you negotiate a higher compensation award for losing your property.

Public Buildings and Facilities

Many facilities in your community are owned by the government. This includes all local schools, hospitals, and public safety offices as a few examples. All these places are required to be accessible to local communities, enabling them to provide services that help keep everyone safe and healthy. The more an area’s population grows, the more likely these essential services need to expand their footprint.

If you are at risk of losing your property to a public facility project, an attorney can look into how necessary the project is. Your attorney may be able to offer an alternative project plan to protect your land. For example, it could find other land in the area or show how one facility can simply build on what they already have.

Utilities and Services

An area’s essential utilities, like water supply systems and sewage treatment facilities, require land to build and expand their operations. Not having enough space can have a catastrophic impact on a community, like experiencing a decrease in the availability or quality of fresh water or electrical power outages. To ensure that a community will always have the utilities they need to live in the area, the government sometimes needs to leverage eminent domain authority to expand its operations.

If an attorney cannot prevent the project from stopping, they can usually help by challenging the government’s valuation of your property to ensure you are fairly compensated.

FAQs

How Can I Ensure Fair Compensation If My Property Is Taken Through Eminent Domain?

To ensure that you receive a fair amount of money for your property, you need to hire an attorney and start the process of an independent appraisal. This can give you a data point to compare to what the government has offered. If their offer is lower than the true market value, it gives you leverage to ask for an increase in compensation.

How Does Estate Planning Interact With Eminent Domain?

Estate planning involves the process of preparing for the transfer of your assets after your death, which can be complicated by eminent domain. If your property becomes targeted for eminent domain, it could impact how your assets are valued and distributed. For example, if your property ends up being seized for a public project, the compensation you receive from the government could alter what your overall estate is valued at.

What Legal Rights Do Landowners Have When Facing Eminent Domain in Texas?

All Texas property owners have the right to challenge any eminent domain order against their property. This will require the owner to hire an attorney and present evidence to suggest that the project does not qualify for public use. If the project is valid, property owners have the right to earn fair compensation as part of the eminent domain process. If the original settlement seems like a lowball offer, your attorney can try to negotiate an increase.

How Can I Minimize the Chance of Eminent Domain?

To help minimize the chance of your property being affected by eminent domain, stay informed about local projects. Attend public meetings to review if any new projects are in motion. Hiring a lawyer to explore adding legal protections can also help. Certain properties may be eligible for eminent domain protection, such as homes with historical significance or one that has specific zoning protection.

Contact Alagood Cartwright Burke PC Today

While navigating an eminent domain case in Celina can be overwhelming, you never have to face it alone. The experienced local attorneys of Alagood Cartwright Burke PC can 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.