Articles Tagged with Condemnation Attorney Rockwall

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Over the last several years, residents of more rural parts of northeast Texas have been victimized by TxDot, water districts, electric companies and co-ops, and the very cities and counties in which they live, all in the name of progress and purported “necessity”.

Eminent Domain is a real threat to landowners in Texas. Every single day, somewhere in this great state, someone is receiving a letter for the first time letting them know that their property is located within a region being taken for a public use and that they should “contact ____” for more information.

For the landowner, it can be heartbreaking. For someone who has built their dream home, having to give up part or all of that property for a new highway, or transmission towers, or a pipeline, is devastating. In most cases, we have rural landowners, ranchers and farmers, who are being burdened by the advancement of the population. We need pipelines, transmission towers and roadways, but that does not make it any easier for the landowner who’s property is being taken for the “greater good”.

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Eminent Domain and Condemnation is the process by which the city, county, state, or private utility or other statutorily granted entity, may come in and force you to sell all or part of your property to them under the guise of a public need. For the purposes of this article, the party claiming a public need will be called a “state actor”.

Although it is a fairly complicated process, the state actor will institute negotiations with the property owner in an attempt to purchase the property outright without actually entering into the “eminent domain” process.

Under Texas law, there are three elements required to show for eminent domain:  (1) The actor must be the state or a private entity authorized to condemn; (2) the property must be taken for public use; and (3) the landowner must receive adequate compensation for the condemned property.

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