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Prosper Eminent Domain Lawyer

Eminent domain allows the government and certain authorized entities to acquire private property and convert it for public use. However, the entity acquiring the property must pay the private landowner adequate and just compensation.

In theory, the purpose of this compensation is to put the landowner in the same place they were in before the eminent domain proceedings occurred. The compensation should also make up for any loss in property value for the landowner that stems from the condemnation.

If you received a notice about eminent domain, especially due to the improvements on Highway 380 and other roadways in and around Prosper, you have legal options available to you. A Prosper eminent domain lawyer could help you take all the necessary legal steps and potentially increase your chances of recovering fair compensation for your property. Reach out to an experienced attorney today.

Types of Valid Public Uses

A government or corporate entity may take your land for a variety of reasons, ranging from pipelines to easements to other so-called public necessities. Land use is considered public if it benefits the State, a state subdivision, and/or members of the general public at large.

The expansion and improvements for Highway 380 will be considered public use. Other valid examples of public use include:

  • Railroads
  • Gas and oil pipelines
  • Sewer, water and gas lines
  • Hospitals
  • Schools
  • Public parks

Certain land uses, however, do not qualify as public uses such as where a private individual receives a private benefit arising out of the land’s use. Similarly, no public use exists where an individual or entity takes the subject property and transfers it to a private person or entity in order to enhance tax revenues or economic development. A skilled condemnation attorney in Prosper could determine if the proposed use of private land is legitimate and for the public good, based on all the circumstances involved.

Calculating Adequate Compensation for Land in Prosper

In order for the government or a corporate entity to take private property, they must offer the landowner reasonable compensation for the land based on its market value, which is typically the price it would yield at the time of sale. Moreover, a private landowner must receive the value for the best and highest use of the property, not the property value which corresponds to the landowner’s actual use of the land.

For example, if a vacant lot is situated on a piece of property zoned for commercial development, the landowner should receive compensation appropriate for a commercially developed property rather than a vacant lot. An experienced eminent domain lawyer in Prosper could advocate for the property owner’s right to receive reasonable payment for their property.

Speak to a Prosper Eminent Domain Attorney About Legal Options

Commissioners at a condemnation hearing determine the reasonable value of a piece of property, but this determination is subject to review by a judge on appeal. In the same vein, it is ultimately up to the state courts to make a decision about whether a property’s proposed use is legitimate and public.

If you received a notice about the government purchasing your property due to condemnation, a Prosper eminent domain lawyer could work to ensure that all your legal rights remain protected throughout the process. Call a dedicated attorney if you have been affected by the improvements of Highway 380 or any other similar project. The sooner you schedule a consultation, the faster we could start working to get you reasonable compensation.

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