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Dallas Eminent Domain Law Blog

Fighting for compensation with an inverse condemnation claim

Under eminent domain laws, which emanate from the Takings Clause of the Fifth Amendment to the Constitution, private property cannot be seized by the government for public use "without just compensation." However, there are times when landowners don't receive compensation. It's called inverse condemnation.

That occurs when the government denies that the landowner's property has been taken. How is it able to do that? Let's look at some examples.

Getting just compensation for condemned property

According to U.S. law, the government can seize private property for public use. This power is called eminent domain. However, according to the U.S. Constitution, the government must provide the landowner "just compensation" for the land it condemns.

But determining what exactly is "just compensation" property can be a complicated process.

Working toward 'just compensation'

The government notifies you of its intent to take possession of your land to use for a government project. This is legal in some situations, using eminent domain laws.

To do it, the government uses a legal procedure known as "condemnation." It has the ability to use this process because of the power of eminent domain. It's important to understand that the two are similar and they are related, but they are not the same.

Proposed high-speed railway raises questions about eminent domain

When the skyline out your front door is all grass and trees, you might find it hard to imagine having to defend your property from big businesses and their downtown lawyers. But that’s the situation facing the rural Texans who live along the proposed high-speed rail route from Dallas to Houston.

Texas Central Partners LLC has been buying up land along the 240-mile stretch of land and has said it might use eminent domain when owners object. However, the developer will first have to face three different types of questions. The answers to these questions will likely decide whether landowners can block the use of their land.

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