Eminent domain is the right of the government to take private property for public use. While this may seem a shocking concept, it's actually a power enshrined in the U.S. Constitution. Specifically, the Fifth Amendment states that private property cannot be taken for public use without just compensation. This means that while the government can take your land for projects like building highways or public schools, they must pay you a fair, market-rate price for it.
The Eminent Domain Process in Texas
The process typically begins with the government making a low initial offer. You can accept this offer, but it is often wise to decline. If you decline, the government may file a condemnation lawsuit against you. It's important to note that the government is the one suing you, not the other way around.
A commission of three local landowners is then appointed to determine a fair value for the property. You don't have to accept their result, and if you don't, the case can proceed to a full-blown jury trial in a county or district court. At this point, the only issue to be decided is the compensation for the property, not whether the government can take it.
The Role of the Appraiser
In an eminent domain trial, the property owner's best chance at securing a higher value is to use an expert appraiser. This expert's job is to present a professional appraisal that supports a higher valuation for the property. A credible and well-prepared appraiser is essential. An appraiser who can't confidently present their numbers in court may hurt your case. The best approach is often to find a knowledgeable and experienced appraiser who cannot be easily discredited by the opposing side.
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