The word condemnation often makes people think of unsafe properties. They imagine the courts forcing people to vacate a home because of outdated wiring or other serious maintenance issues. However, condemnation cases in Texas typically relate to large-scale public projects. The state may force people to sell a property to facilitate the completion of a major project intended for the public good.
Condemnation proceedings in civil court may target unimproved land, commercial facilities or residential properties. Any property that is necessary to complete a project could be at risk of condemnation regardless of its condition.
Highway expansions and new utility infrastructure are both examples of public projects that may require condemnation proceedings. If homeowners do not voluntarily sell their properties, the state can essentially force them to complete the transaction through the courts.
How can Texas property owners respond to attempts at condemnation related to an eminent domain case?
Questioning the situation
Sometimes, homeowners may be able to defend against attempts at condemnation by questioning the public benefit of a project. They could prove that eminent domain statutes shouldn’t apply. Developers might attempt to misuse eminent domain rules for financial gain. Other times, even if the project itself is legitimate, the plans are not necessarily airtight. It could be possible to propose an alternate solution that does not involve condemning a specific property.
Countering the proposed price
The most common solution for eminent domain condemnations involves going to court to prove that the amount offered is inappropriately low. Working with a real estate professional, such as an agent or an appraiser, can help an individual property owner counter the value set for their property.
Improvements to the property and features not made readily apparent to those proposing the eminent domain condemnation can drastically alter what the property is worth. It is sometimes possible for property owners to obtain significantly more compensation for the condemnation of their home than the amount initially offered.
Discussing why a real property holding is at risk with a skilled legal team can help people plan a response to an eminent domain situation. It may be possible to prevent the sale of a home, or at least ensure that the compensation received is appropriate.