Princeton Eminent Domain Lawyer
Projects dedicated to the public may be beneficial to the population, but it may bring problems to private property owners. Under the law, private landowners may be subject to condemnation of land. If you are currently involved in an eminent domain proceeding due to the expansion of Highway 380, you have legal rights.
A skilled Princeton eminent domain lawyer could take the necessary legal measures to safeguard your rights and represent you at hearings and court proceedings. A dedicated attorney could work to protect your interests and help you obtain fair compensation for your property.
Elements of Eminent Domain
Eminent domain allows the government or an authorized company to acquire a privately-owned property and convert it for public use, such as for the expansion of Highway 380. When the government or an authorized corporate entity exercises its eminent domain power, this is called condemnation. Fortunately, The Fifth Amendment to the United States Constitution and Article I, Section 17 of the Texas Constitution prohibits the government from taking private property for public use, without paying the landowner a reasonable amount of compensation.
Under the Texas Constitution’s Bill of Rights, Section 17 there are rules and laws in place to protect property owners in eminent domain cases. For eminent domain to apply, the government or private entity requesting the property must:
- Have proper authorization to take the subjected property
- Convert the property and make it for public use, as opposed to private use
- Give the landowner adequate and reasonable monetary compensation for the property
A tenacious eminent domain lawyer in Princeton could determine whether the government or corporation’s proposed taking is legitimate under the law.
Who Could Exercise These Powers?
In the state of Texas, not just any person or entity could acquire property via the condemnation process. In Princeton, a federal, state and local governments have the power of eminent domain. For a non-governmental entity, such as a corporation, to acquire this authority, the state legislature must confer it.
The state legislature may grant eminent domain power to a non-governmental entity by a two-thirds vote by both the House of Representatives and Senate. Some common examples of non-governmental entities who have eminent domain power include electric and gas companies, railroad companies, common carriers, natural resource companies, and groundwater conservation districts.
Properties in Princeton Subject to the This Power
Pursuant to the eminent domain power described in the United States Constitution, the government or an authorized entity has no limits to the amount of property they may condemn. These corporations or entities may take as much or as little of the private property as is reasonably necessary for the proposed public use. In some instances, this may mean completely condemning all of the subject property.
Properties that may be taken to expand Highway 380 include land, as well as certain portions of the land. For example, the buyer may also take barns, homes, or other improvements on the land, via the condemnation process. Also, the buyer may use eminent domain proceedings in order to acquire rights to groundwater or surface water which exists on the subject property.
Talk to a Princeton Eminent Domain Attorney
If the state government or other authorized entity is threatening to take away your property via condemnation proceedings, you need a skilled condemnation attorney to help navigate through the legal process.
Acquiring land through eminent domain requires that the buyer pay you fair and full compensation for the property you are losing. In many instances, however, the government or corporate buyer is not willing to pay you this full value. A Princeton eminent domain lawyer could challenge the buyer’s offer and help you obtain the maximum amount of compensation for your property. Call to speak to one of our dedicated attorneys as soon as possible if the Highway 380 expansion has affected you.