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McKinney Eminent Domain Lawyer

In the United States, the government has the power to buy your property and use the land for the public. This is true even if you are not looking to sell your property. If you live in McKinney, this is especially pressing considering the highway improvements along Hwy. 380 and 5. If you received a notice from the government or from a private company stating that you may lose your property via eminent domain proceedings, you have constitutional rights. One of those constitutional rights is the right to receive full and fair compensation for your property.

Eminent domain proceedings tend to move quickly. Consequently, the sooner you retain legal counsel to safeguard your rights, the better off you will be. A McKinney eminent domain lawyer could help you safeguard and exercise all your constitutional rights.

Understanding Eminent Domain

Eminent domain proceedings allow the government, as well as certain authorized companies, to take private property away from other corporations or from individuals and convert the property for public use. Fortunately, property owners have rights during these proceedings. The Fifth Amendment to the United States Constitution, as well as Article I, Section 17 of the Texas Constitution, precludes the government from seizing private property without offering adequate and fair compensation to the property owner.

In many instances, however, the government or authorized company may not offer property owners sufficient or fair compensation for the land. It is best to speak to a knowledgeable eminent domain lawyer in McKinney to get more information about these laws and how the projects with Highway 380 and 5 could affect you.

Why This Would Happen in McKinney

Private companies, especially pipeline companies and governmental entities may only utilize eminent domain proceedings when they need to acquire certain property for a legitimate public purpose. Those purposes may include any of the following:

  • Public highways and other roadways
  • Public schools
  • Improving waterways
  • Parks and recreational facilities
  • Historical property
  • Military Bases
  • Utility services
  • Gas and oil pipelines

A seasoned McKinney eminent domain attorney could help you understand your rights as the government does work to Highway 380 and Highway 5.

How Condemnation Proceedings Work

When the government or a company tries to acquire a piece of property from a private owner via eminent domain, the legal process is called condemnation. According to Texas Property Code Title 4 Section 21.015, anyone whose land is being purchased shall have a hearing. Prior to this, they will receive a notification which is where the condemning agency such as government or private entity, may express interest in the property. The next steps in an eminent domain case is an appraisal. Based on the appraisal, the governmental entity or company will make an offer to the property owner for their land.

This offer may be below the reasonable and fair property value of the land. After the offer is made, a public hearing is held to explain the reason for the eminent domain. If the property owner opposes the offer, condemnation proceedings start. This is when a case may go to trial to determine the fair and proper market value of the property.

An experienced lawyer in McKinney could argue for a better settlement offer. A lawyer could also help to minimize any effect on the remainder of the property, such as relocation expenses, business interruption, and loss of enjoyment and use of the remaining property.

Talk to a McKinney Eminent Domain Attorney

The eminent domain and condemnation process could be difficult and confusing. If your land is affected by the Highway 380 or Highway 5 expansion, you deserve to recover full and fair compensation for your property. You should not have to settle for less than you deserve and suffer incidental expenses. With the help of our tenacious attorneys, we could help to get you maximum compensation for your property.

A McKinney eminent domain lawyer could fight for your right to a fair recovery and could help minimize the incidental consequences and expenses to the remainder of your land. Contact our attorneys and staff as soon as possible if you were affected by the McKinney highway expansion project.

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