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 acquisition of multiple parcels of property, which can complicate the process.
While some individuals are eager to sell and receive a fair market value offer for their real estate, others may intend to hold onto the property that the developer needs to move forward. When that happens, developers or planners may try to push local authorities into assisting them. They could also perform construction or development work on your property without your permission.
An unjust or improper condemnation of a property in order to assume control or possession of said property is in violation of your rights as a Texas resident. Effectively, this practice is an improper use of eminent domain.
Eminent domain laws protect your investment
When the property in question is your family home or a parcel of unimproved land that you want to hold onto and sell in the future, you should have the right to retain or dispose of that property as you wish. Only in circumstances in which development is directly to the benefit of the public should Texas state or local government authorities attempt to utilize eminent domain to take control or possession of a property.
In the event that they do so, the property should be carefully evaluated to determine a fair market value, which is then offered to the owner as compensation for the loss of the real estate in question. Texas law is very clear on the fact that owners should receive compensation for property seized through the eminent domain process.
Condemnation is a way to avoid fulfilling obligations
For a property that has an older building on it or that lacks updates or improvements, it could be possible for state officials to condemn the property as a means to the desired end of developing in the area. Instead of going through the complicated process involved in an eminent domain seizure, officials may attempt to seize the property without compensation through condemnation.
Inverse condemnation occurs when a property owner sues the condemning authority for a violation of eminent domain rules. In fact, owners who did not have property seized but merely damaged by development they did not permit or receive compensation for may also have the right to pursue inverse condemnation.