What are my rights under eminent domain law?

Under Texas eminent domain law, property owners have certain rights related to the government’s potential acquisition of their land. Generally, the government can only exercise its power of eminent domain if it can demonstrate that doing so would be a benefit to the public. If the government does seek to acquire a property through eminent domain, the property owner must first receive notice as well as an offer of compensation. This offer must be equal to or greater than the value of the property and any other associated costs, such as appraisal and relocation expenses. If the property owner does not accept the offer, they have the right to dispute the valuation and seek an even higher amount in court. The property owner can also challenge the state’s legal authority to take the property. Property owners also have the right to be made aware of the specific purpose for which the government wants their land. In addition, they should be provided with clear, written documentation of any agreement made in the event that the property is acquired. In general, Texans have the right to negotiate with the government if it seeks to take their land. This includes the right to negotiate a fair price, the right to express their opinion, and the right to seek the advice of a lawyer. Property owners should always be aware of their rights in the face of the government’s potential acquisition of their property.

Related FAQs

How does the government determine the public use of a taking?
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