At first glance, there may not appear to be much of a difference between eminent domain and an inverse condemnation proceeding. After all, both involve some type of entity with eminent domain authority “taking” of privately-owned land. However, there are distinct...
Dallas Eminent Domain Law Blog
How much notice will I receive if my property will be condemned?
While condemning entities have guidance from the U.S. Constitution, State Constitution and statutes and local authorities for the eminent domain process, there is not always a quick answer as to how it will work in every circumstance. When exercising eminent domain...
What does “public use” mean, in Texas?
The use of Texas eminent domain authority is limited to projects dedicated to “public use.” Although easily articulated, the public use determination can be an element contributing to the confusing eminent domain process. In Texas, establishing public use is an...
What is the Landowner’s Bill of Rights?
When you learn the government or other entities with eminent domain authority wants to purchase your property for public use, you may feel like you do not have control. The initial offer may be underwhelming, and you may have many questions about the taking, as well...
What is “adequate compensation”?
According to the Texas Constitution, when the government or another condemning entity wants to take your property through the power of eminent domain, it must offer adequate compensation. (Federal eminent domain proceedings are required to pay just compensation and...
Common errors in appraisal reports
When a condemning entity (State of Texas, a city, a county, Gas, Electric, telephone, Pipeline or other agency) in exercising its eminent domain authority offers you compensation for your property, the offered compensation is based on a real estate appraisal of your...
U.S. government faces land acquisition challenges
Eminent domain allows the government and other condemning entities the right to purchase private property for public use. Public-use projects must have some benefit to the general public, and can include roads, utilities, schools, pipelines, and more. Unfortunately...
Was the condemnation of your property motivated by development?
There's a saying that progress waits for no person, and that can certainly seems to be the case when influential people or businesses develop a plan to profit off of property somewhere. Plans to construct anything from a school to a road will often require the...
Could SpaceX use eminent domain to take a Texas neighborhood?
SpaceX is a company run by Tesla founder Elon Musk. The company's many goals include building a rocket that can get to Mars. The company has already been working toward this goal for some time.This project is located in Texas and SpaceX built an experimental spaceport...
Bullet train builders say they’ll use eminent domain if necessary
The company behind a multibillion-dollar high-speed railway is touting the project as a revolutionary step in the state’s transportation network. What’s unclear, however, is how many property owners might lose some of their land to make this corporation’s vision a...