Can I be forced to sell my property for less than the fair market value?
In Texas, property owners can be forced to sell their property if it is deemed necessary for public use through the process of eminent domain. Under this process, the government is allowed to purchase private land at its fair market value (FMV). FMV is determined by an appraisal that looks at the properties’ current market conditions, such as its location, size, and condition. Generally, the property owner and the governmental body will agree upon the FMV of the land, but in the event of a dispute, a court will evaluate the FMV and make a final determination. If the court determines the FMV to be lower than what the property owner believes to be true, then the property owner can be forced to sell their land at the court-determined FMV. It is important to note that this does not mean that the government can buy land from property owners for less than the FMV, though the court-decided FMV may still be lower than what the property owner was expecting. In Texas, the government may use eminent domain to acquire land and force the sale of a property if it is deemed necessary for public use. While the government is not allowed to purchase land from a property owner for less than its fair market value, the court-determined FMV may be lower than what the property owner was expecting.
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