McFarland PLLC

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Condemnation: 3 things you need to know

| Sep 1, 2020 | Uncategorized |

The last thing you want to find in your mailbox is a notice that the state intends to take your private property, such as your home or place of business, for public use. Should that happen, you may wonder what your options are.

The most important thing to remember is that you do have legal rights. There is no good reason to sit back and let the government reimburse you unfairly.

Here are three things you need to know about condemnation cases in Texas:

  • There are two kinds of condemnation cases. The two kinds are statutory and inverse. With a statutory condemnation, the authority files a petition to acquire the specified land for public use. With an inverse case, you, the property owner, file a complaint of the action damaging your private property rights.
  • Financial compensation is the focus. Regardless of whether it’s a statutory or inverse case, the focus always comes back to the compensation or damages paid to the property owner. As a property owner with concerns, a condemnation case is your chance to recover compensation. This is why it’s so important to take immediate and specific action to protect your legal rights.
  • Market value is critical. In a condemnation case, it’s essential to understand the market value of your property. This is often easier said than done, so relying on professionals such as engineers, appraisers, and land planners is key.

It is likely frustrating to learn that you are facing the loss of property via condemnation. However, do not let your frustration overcome you to the point of sitting back and doing nothing. You have legal rights and it is wise to assert them. Remember, you can pursue compensation for the actual loss of property and associated damages.