Are there any restrictions on the amount of compensation I can receive?
In Texas, the amount of compensation for eminent domain law is usually determined by a jury or judge. Depending on the situation, the amount of compensation is based on the value of the property, the amount of loss, and the amount of damage done. If the taking is for public use, the owner will usually receive just compensation, which is the fair market value of the property. However, when determining the amount of compensation, the court may take into account other factors such as the current and potential economic value of the property, the owner’s ability to be compensated elsewhere for the loss, the amount of displacement cost to the owner, and the benefit of the taking for public use. In addition, if the taking is for private use, the owner may receive up to three times the market value of the property. Also, if the taking is for a particular business, the owner may be compensated up to three times the value of the going concern, which is the value of the business, its assets, and goodwill. There are certain restrictions when determining the amount of compensation. For instance, if the property is undeveloped land, the maximum amount of compensation is limited to the market value of the land when the taking occurred. Other restrictions may also apply in Texas. Therefore, it is important to seek legal advice to ensure that the correct compensation is received.
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