Articles Tagged with Condemnation

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LandownersBillofRightsThe Office of the Attorney General promulgates the “Landowner’s Bill of Rights” which are required to be provided to landowners in condemnation matters. The Landowner’s Bill of Rights outlines the rights of every landowner in the State of Texas has concerning their property in any condemnation proceeding. To read the full text of the Landowner’s Bill of Rights, click Here. The basic Landowner’s Bill of Rights are as follows:

1. You are entitled to receive adequate compensation if your property is taken for a public use. This means that, in any condemnation proceedings, you are entitled to the fair market value of the property being taken, including an amount for damages to any remaining property after the taking occurs. For instance, if your property is burdened by a transmission line easement, which will affect the remaining property’s fair market value, you are entitled to damages in the amount of the reduced value of the property as determined immediately after the taking occurs.

2. Your property can only be taken for a public use. This means that the government cannot take your property for a private use, i.e. for the benefit of only private individuals or companies. It must be a public use, such as a highway, gas lines, water line, etc..

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GuestandGrayLogoGuest and Gray, P.C. is the advocate of choice for landowners from Kaufman county, Rockwall county and Hunt county. We service all areas of Northeast Texas, from Forney to Farmersville, Greenville to Terrell, and all outlying areas of East and Northeast Texas.  We have a 100% success rate in obtaining additional compensation for our clients who face condemnation by a condemning authority. Our goal is to fight for the rights of landowners against the unfair process of eminent domain.

In all condemnation proceedings, there are two things that the government, or their authorized entity, such as a water district or electricity provider, must demonstrate: that the taking is for a “public use”, and they must pay the landowner “just compensation”.

These are hard and fast rules, but what exactly constitutes a “public use” and “just compensation” can be a bit of a mystery.

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EastTexasOilFieldOver 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”.