How can I challenge the amount of compensation I am offered?

If you are not satisfied with the amount of compensation you are offered for a taking of your property due to the use of eminent domain law in Texas, you can challenge the amount. In order to challenge the amount, you must file a petition for condemnation with the court clerk in the county where the property is located. The petition must describe your property, the amount of compensation offered and your complaint that the amount offered is inadequate. When you file the petition, the court will set a hearing date. At the hearing, you will have the opportunity to present evidence to the court. This evidence could include comparable sales, appraisals, or other evidence of the fair market value of the property. You will also have the opportunity to make an argument to the court in support of your claim that the compensation offered is insufficient. After the court considers your evidence and argument, it will issue its ruling. The court may either grant or deny your petition. If your petition is granted, the court will order that the condemner pay you an amount for compensation that is deemed fair and reasonable. If your petition is denied, the amount of compensation originally offered will be the amount you are legally entitled to receive. You should be aware, however, that even if the court grants your petition, you may not receive more compensation than the property’s fair market value. Fair market value is usually determined according to the appraised value of the property, but may also be based on comparable sales or other evidence of value.

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How can I challenge the amount of compensation I am offered?

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