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Eminent domain is the right of the gove rnment to acquire a private property for a public use. The owner, in return, recei ves a just compensation.
Here Are The Five Frequently Asked Questions About Eminent Domain.
1. What is Condemnation? 2. What is “Just” Compensation? 3. Can an owner prevent the condemnor? 4. How is FMV calculated? 5. What if I don’t agree with the FMV amount?
1. What Is Condemnation?
Condemnation is the legal process that the government uses to acquire a private property. Under the law, the government authority - usually a federal, state, county, or municipal body - receives the right to transfer the title of a private property to their name, and use it for public welfare.
2. What is “Just” Compensation?
The Fifth Amendment to the US Constitution says, “nor shall private property be taken for public use, without just compensation”. The “just compensation” is the fair market value or FMV of the property.
3. Can An Owner Prevent The Condemnor?
To prevent a condemnor from taking the property, its owner must claim that the: • • • •
Condemnation is not for a “public use” Condemnor failed meet the legal requirements while condemning the property Condemnor failed to provide a “just compensation” Condemnor has violated your (owner’s) rights
4. How Is FMV Calculated?
The government hires an appraiser to determine the FMV of the condemned property, who considers the property’s most profitable current and future uses.
5. What if I don’t agree with the FMV amount?
The state law chooses a legal body that determines the FMV of a property. In most cases, the government entrusts a body of local real estate experts with the task. If you don’t agree with the “just compensation” amount, you can challenge the decision of the commission. The state law would then schedule another trial to determine the final amount.
Wrapping Up
There are numerous other clauses and subclauses under the eminent domain law in Texas, and it’s common for a person encountering a condemnation proceeding to have many more questions and concerns. That’s why it’s important to hire a reputable attorney who has extensive experience in the practice area.
Need more details? View this infographics: https://magic.piktochart.com/output/19038415-understanding-eminent-domain-law-in-the-us
References
http://eminent-domain-lawyer.weebly.com/blog/answering-5-commonlyasked-questions-about-eminent-domain-in-texas
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