Condemnation, or eminent domain, is the power of the state to take private property for public use. In Texas, this power has been legislatively delegated to counties, municipalities, and other political subdivisions and even to some private entities for limited public-use projects.
There are generally two kinds of condemnation cases: statutory cases and inverse cases. In a statutory condemnation case, the condemning authority files its petition to acquire a described interest in land for a stated public use. These proceedings are controlled by the Texas Property Code. An inverse case is filed by the property owner complaining of governmental action that effects a taking or damaging of private property rights without a formal exercise of the power of eminent domain through a statutory case.
The threshold question in a statutory condemnation case is whether the condemning authority can take the property. Generally, this inquiry focuses on the public use of the project which the acquisition is intended to serve. The threshold question in an inverse case is whether the governmental action goes so far as to be a taking.
In both statutory and inverse cases, the main focus will be the compensation or damages to which the property owner is entitled for the taking or damaging of its property. A condemnation case represents the property owner’s one and only opportunity to recover for the taking of his or her property, including impacts of the taking on the property remaining after the taking.
We work with appraisers, engineers, land planners, and other professionals to assess the market value of a property and the impacts of the project. This attention to detail, combined with our legal acumen, work ethic, and commitment to fight for our clients’ interests are some of the reasons we’re known for adding value to each and every condemnation case we handle.
To learn more or to discuss your case with an experienced condemnation lawyer, contact us.
- Charles B. McFarland
- Questions to Ask Before Hiring a Condemnation Lawyer
- Condemnation Services
- Analysis of a Compensation Claim
- Representative Cases
- Condemnation Resources
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