The Relevant Parcel And Just Compensation

Only one-seventh to one-eighth of an iceberg can be seen above water. The rest is hidden below the surface. Icebergs are therefore a great danger to ships. The phrase “tip of an iceberg” indicates that one may only be seeing a part of the whole picture.

In the same way, it is...

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The Unique Character of Texas Condemnation Cases

Condemnation law is a specialized area of the law, and condemnation cases have a unique character. Unlike traditional lawsuits, condemnation cases do not begin as judicial cases. Instead, the proceedings initiated by a condemning authority’s condemnation petition are administrative in nature. There are a number of ramifications that arise from this aspect of...

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Fee Considerations In Right-to-Take Cases

In theory, most property owners affected by a condemnation project would probably rather see the project go somewhere else or, at the least, avoid having to take their property. By the time they hire an attorney, property owners are generally resigned to the inevitability of the project, and their focus has shifted to...

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Does the Public Use Requirement Protect
Private Property Rights?

The government’s power of eminent domain is constrained by two requirements: that the taking serve a public use and that just compensation be paid. The public use and just compensation requirements are the basic protections afforded to private property owners and are, consequently, the lawyer’s basic tools in the representation of private property...

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