The majority of eminent domain cases in Texas meet the requirements for public use and necessity. Examples of cases that meet this criteria are the acquisition of private property for a road expansion project; the acquisition of property for a school expansion project or installation of new sewer lines.
If the taking of your property meets the requirements for public use and necessity, then continue reading to learn more about the eminent domain process in Texas. Please note there are extended explanations for all of the numbered sections in the flowchart. We will be adding additional information on each item in the flow chart in the near future. Please be aware that the flow chart is simply an overview of the process and should not be used as a tool to take matters into your own hands.
It is highly recommended to consult with an eminent domain attorney prior to obtaining a second appraisal. Any and all appraisals done on the property to determine the owner’s opinion of the value must be submitted to the condemning authority. If you hire an appraiser on your own who is not experienced in valuing property in eminent domain cases, you may end up with an appraisal that contains errors that will be used against you in court. Hiring a wrong appraiser can seriously jeopardize a good claim. An eminent domain attorney will thoroughly review the initial appraisal and determine its strengths and weaknesses. Based on this information, the attorney will indicate a selection for the most qualified appraiser to value the property in question and determine the damages to any remaining parcel.
Visit our Resources page, under Why Act Now to read an example of how hiring the wrong appraiser can hurt your claim. Make sure you consult with an eminent domain attorney before hiring an appraiser on your own.
If you have questions regarding the eminent domain process in Texas, contact us for more information. The eminent domain process in the state of Texas is complicated, and if you are undergoing eminent domain and want to make sure you are justly compensated, you should speak to an eminent domain attorney. Speaking to an eminent domain attorney regarding your case will keep you informed of your rights, the eminent domain process, and whether or not your attorney’s fees will be paid for by the state of Texas.
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