Eminent Domain: Protecting Clients In West Texas From Land Seizures
In the United States and Texas, you have the right to own your own property and land. However, there are times when the government can take that land. If you have property in West Texas that the government is trying to claim through eminent domain, our Abilene consumer protection lawyers at AndersonClements, PLLC, can protect your rights and help you preserve your interests.
What Is Eminent Domain And Condemnation?
Eminent domain is the power of a governmental entity to take a landowner’s private property for public use. Eminent domain is sometimes referred to as condemnation. While these terms are used synonymously, they have different legal meanings. Eminent domain is the power to take property, while condemnation is the legal process by which the taking occurs.
Protecting Landowners’ Rights
Texas and the United States have long stood for the right to own land and for the protection of landowner’s rights. Land and home ownership are fundamental to the “American Dream.” As such, the idea that a governmental entity (or a for-profit corporation given such power by a governmental entity) has the authority to appropriate private property seems contrary to this policy of property rights. The Texas Property Code details the circumstances under which a state or local authority has such condemnation power.
In Texas, condemnation is subject to the following four requirements:
- Public use
- Public necessity
- Adequate compensation
- Due process
If you have received a letter or correspondence from the state of Texas or from a company claiming to have condemnation rights, an eminent domain attorney can help protect your rights and represent your best interests.