Articles Tagged with Eminent Domain

Published on:

Most people that I have talked to about the proposed border wall along the U.S.-Mexico Border have been surprised to hear that the federal government does not already own the land necessary to build the wall. The next question that I receive is: well, does that mean that they have to take private landowners’ property away from them?

Well, yes, under the guise of eminent domain.

Eminent domain is the method by which the federal government will be required to pay the local borderlands property owners “just compensation” for the land they plan to use for the proposed border wall. “Just compensation” is measured by the fair market value of the land at the time of the taking. Exxon Pipeline Co. v. Zwahr, 88 S.W.3d 623, 627 (Tex. 2002).  Market value is the price the property will bring when offered for sale by one who desires to sell, but is not obliged to sell, and is bought by one who desires to buy, but is under no necessity of buying. City of Harlingen v. Estate of Sharboneau, 48 S.W.3d 177, 182 (Tex. 2001). The owner of the property can testify to its market value, even if he could not qualify to testify about the value of the property belonging to someone else. Porras v. Craig, 675 S.W.2d 503, 504 (Tex. 1984); see also Redman Homes, Inc. v. Ivy, 920 S.W.2d 664, 669 (Tex. 1996).

Published on:

EasttexasEminent 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.

Published on:

GuestandGrayLogoGuest and Gray Law Firm is the highest rated local law firm for both Rockwall and Kaufman counties. Our main offices are located in Rockwall off of T.L. Townsend just passed the Rockwall County Court House and our Forney location is located in old downtown Forney off of Bois D’Arc St., in the old bank building. We strive to obtain outstanding results for our all of our cases. Our support staff is hardworking and knowledgeable strives to put you at ease during tenuous times.

Being involved in litigation is never a person or businesses goal. However, sometimes circumstances make it impossible to avoid a lawsuit without giving up substantial rights and, in most cases, money.

Guest and Gray, P.C. is one of the only full service law firms in the Kaufman and Rockwall county areas. When it comes to providing service to our clients, we have the attorneys to provide excellent legal counsel in just about any area of law. Our practice areas include:

Published on:

GuestandGrayPic-300x88Guest and Gray Law Firm is the largest, most highly rated local law firm in Kaufman and Rockwall Counties. Why? Because we are litigators who fight for our clients. We are not just a bunch of local guys who went to law school and decided to come back home to practice. We love where we live and we love the people here.

Our main office is located in old downtown Forney inside the old bank building. If you have driven through old downtown, then you know us. You’ve seen the big gray building with big “Guest & Gray” letters on the front. We also have an office near the Rockwall Court Courthouse in Rockwall to serve our growing needs in Rockwall. Both Rockwall and Forney are currently experiencing growth never before seen in this area. With unprecedented growth, both Rockwall and Forney are having to deal with problems they have never had to face before.

This growth has created a need for experienced local attorneys who know the lay of the land. When you have a local problem, you need a local attorney. Here at Guest & Gray we are proud to say that we have answered that call. Case after case, we effectively resolve the issues our clients are facing. No legal problem is too big or too small. No matter what your litigation needs are, they are important to us. Why? Because the people of Rockwall and Kaufman county are important to us.