The Process of Eminent Domain in McKinney

In some cases, the government or an authorized corporation may seek to seize your private property for public use. In the process, the land or property in question undergoes appraisal, after which the governmental entity or company offers you money to buy the property.

Although the buyer is legally mandated to offer fair and reasonable compensation to acquire your land, they do so infrequently. If you feel that the governmental entity or company is not offering you fair compensation for your land, you should contact an experienced eminent domain lawyer today. An attorney could fully explain the process of eminent domain in McKinney and help you seek the compensation you deserve.

Bona Fide Offer and Negotiations

Before beginning the eminent domain process in McKinney, the governmental entity asserting eminent domain must make a reasonable offer to purchase the property from the landowner. In order for the offer to be “bona fide,” the following must occur:

  • The company or governmental entity must present an initial offer in writing to purchase the property
  • A certified appraiser must appraise the value of the subject property
  • The company or governmental entity must make a final offer, in writing, which exceeds the amount shown on the appraisal report

In addition, there must be a period of at least 30 days between the time of the initial written offer and the final written offer. Before filing a condemnation proceeding, the landowner must have a minimum of 14 days to respond to the buyer’s final offer. If the parties agree to the land sale at this point, there is no need for eminent domain proceedings.

Filing a Condemnation Petition

If the parties cannot agree on a purchase price, the buyer may sue the landowner. The company or governmental entity must file their petition in the district court, or in the county court for the county where the subject property is located.

The buyer’s petition must include a property description, the relevant public use claimed, and the property owner’s name. The petition must also state that the parties could not agree on a settlement amount and that the buyer made the landowner a bona fide offer.

Condemnation Hearing

Once the buyer has filed their petition, a judge will appoint three special commissioners, all of whom are local landowners, to determine the compensation amount by way of a legal hearing.

Following the hearing, the commissioners will issue an award, stating the amount of compensation the company or governmental entity must pay the landowner for an easement. The company or governmental entity can then possess the property.

Filing Exceptions

If either side is unhappy with the commissioners’ award, they may file an objection with the court. At that juncture, the court will set a trial by judge or jury. The court may also consider whether or not the company or governmental entity’s proposed public use is legitimate.

Contact an Attorney about the Eminent Domain Process in McKinney

The eminent domain process in McKinney is a detailed, multi-step process. Consequently, if you are facing condemnation proceedings, you should consider calling an experienced lawyer as soon as possible. A skilled lawyer could explain the process of eminent domain and represent you at every step of the legal process.

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nicole haynes
05:42 16 Mar 20
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Mary Thompson
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Michael Taylor
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Zane Allen
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Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the way.read more
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19:07 10 Dec 19
First time needing a lawyer. Everything went extremely smooth and quick. Mr. McCraw went to my house after my car wreck... and I knew at that point that I was in good hands. Everyone who works there are so nice and will answer any questions or concerns you have. Thank you guys for all of your help.read more
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16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else arises.read more
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