Are you a rightful owner of a piece of land but suddenly experiencing a serious concern wherein the government or another entity is determined to obtain possession of it? You might be involved in legal issues that involves condemnation law, and you might need the assistance of a reliable condemnation lawyer in Houston, Texas.
GK Law's condemnation law attorneys can provide legal advice to Houston landowners throughout the condemnation process. Our firm focuses exclusively on high-stakes real estate litigation, and our attorneys will fight tirelessly to protect your interests.
GK Law's practice areas are business law, property law, and eminent domain/condemnation law.
Our firm represents a wide variety of landowners and defends all forms of property. We can handle your claim regardless of whether you are an individual or a business.
Although most disputes are resolved without going to court, our attorneys consistently prepare each case for trial. We are ready to pursue your case to the furthest extent possible to obtain the maximum compensation you are entitled to.
We have represented hundreds of Texas landowners in condemnation lawsuits over the last several years. Our law firm will leverage its experience and resources to help you win.
In addition, GK Law business law attorneys have been recognized as "Super Lawyers 2021" and the "Houstonia Magazine Top Lawyer 2019 and 2020".
It is known as condemnation when the government or another approved entity employs eminent domain law to seize a piece of property or land from its rightful owners.
Condemnation is the legal process through which the property is legally taken away from its rightful owners.
The procedure usually begins with an appraisal, followed by an offer to purchase the land from the property's owners. A typical scenario is that the money provided is lower than the property's just and reasonable worth, and the property is taken. However, a condemnation procedure is commenced when the sum is challenged to resolve the dispute.
Typically, the property or landowner whose land is being condemned hires an attorney to represent them. With a competent condemnation attorney in Texas or an experienced Houston eminent domain attorney, you may demonstrate to the appropriate authorities that your property has a higher value than the offers made for its acquisition.
Moreover, a qualified condemnation attorney can fight to defend the property owner's rights and minimize any negative impact on the remaining portion of the tract that the property owner is left with after the "taking."
At GK Law, we have a team of lawyers and real estate specialists skilled at substantiating these higher valuations in the marketplace. Schedule a consultation now to get help.
DO YOU HAVE LEGAL CONCERNS?
There are a variety of scenarios in which the concept of eminent domain law may arise for you as a property owner. It is the legal right of the government or some other approved entities to take private property from individuals or corporations for public use that is referred to as "eminent domain."
However, both the United States Constitution (Fifth Amendment) and the Texas Constitution (Article I, Section 17) prohibit the seizure of property without providing just and adequate compensation to the property owner. However, the government and other approved private businesses act solely in their own best interests and do not willingly offer to compensate landowners fairly and adequately.
When there is a disagreement over eminent domain law, property owners are frequently placed in a position where they require the services of an eminent domain attorney.
Having a plan when the government wants to seize your property might be difficult, primarily if you have never dealt with eminent domain before. You should never accept the first offer you receive because these corporations typically look to save money anywhere they can. The offer may be significantly lower than you expect. Instead, consult with a Texas condemnation lawyer from GK Law to establish your legal options and rights.
All discussions with the entity will be handled by your attorney, which will reduce your level of worry throughout the case process. As part of this process, they will assist you in hiring experienced appraisers to determine the worth of your land. They will use this data to make a compelling argument during the negotiating and condemnation stages. Your lawyer will also be able to decide whether or not your first offer is sufficient, which will aid you in better understanding your legal alternatives.
There are two types of condemnation cases commonly encountered: statutory and inverse cases.
In a statutory condemnation case, the condemning authority files a petition with the court to acquire a defined interest in land for a stated public purpose. The Texas Property Code regulates the conduct of these actions at the administrative level.
Alternatively, a complaint against government action that results in the seizing or destruction of private property rights is brought through a statutory case by a property owner who objects to the government's use of the power of an eminent domain.
Whether in statutory or inverse situations, the primary focus will be on the amount of compensation the property owner is entitled to due to the taking or destruction of their possessions.
The planning for public projects that will necessitate the taking of private land begins years before the property owner's property is condemned and taken. We advise property owners on the best course of action to take while their property is amid a possible taking. Our team also keeps an eye out for noteworthy developments in projects as they progress through planning, designing, and acquiring right of way.
When the government and a private property owner cannot agree on a reasonable compensation amount, the government appoints disinterested county landowners as special commissioners to evaluate the market value. We provide landowners with assistance with all elements of these proceedings. If you are a business organization that needs advice on a legal matter, our Houston real estate and business law firm can also help.
For those matters that proceed to trial, there are a variety of possibilities for the parties to get a more excellent grasp of the market facts and, consequently, the merits of their respective views. The commissioners' hearing cross-examination is conducted without the benefit of discovery.
Complete discovery enables a more in-depth evaluation of the appraisal opinions that underpin the parties' positions. As facts supporting or opposing the property owner's position are proven, the condemnation attorney should have a good idea of the case's "value" and, consequently, what an acceptable resolution looks like.
According to Texas law, the government or approved private entities must notify you in writing of their intention to remove your property. They must also give you a documented evaluation from a certified appraiser explaining the compensation they believe you are owed. They will frequently attempt to coerce you into accepting their offer.
If you are dissatisfied with their offer, you may retain the services of a Texas condemnation attorney to fight for a greater value of your property through lawsuits and representation in the condemnation procedures brought against you. A condemnation lawyer that represents your interests will assist you in determining the worth of your property and analyze the adverse impact of the "taking" on the client. Consequences may include:
After that, the eminent domain attorney will assist you in negotiating with the condemning party and defend you in any hearings or petitions.
If you are a business owner and your property is being condemned, you require the assistance of our business attorneys, who are also experienced in corporate law.
Whether you are a small business or a large one, we offer real estate and business law services to help resolve your troubles. contact GK Law immediately to arrange for a no-cost consultation with a Texas civil litigation attorney. We will take care of your legal needs.
You need not hire a lawyer, but it is highly recommended that you hire one. A lawyer can retain the right professionals who will help determine the highest and best use of your property and the right value for the land that is being taken. In other words, a lawyer will fight to get you the right compensation for your property.
Yes, you have the right to appeal the decision made by the Special Commissioners in a county or district court. You can request a trial by judge, or you can ask for a jury.
The government entity must send two monetary offers and the Bill of Rights informing the landowner of their rights in this process.
If a landowner disagrees with the offer made by the government, the government will proceed with filing a lawsuit. A hearing will be scheduled with the Special Commissioners who will determine the value of the property. Each side must bring their evidence and present it to the Special Commissioners, who will then decide the just compensation.
Special Commissioners are judges who determine the correct value of your property that is being taken by the government. They are appointed by the presiding court judge under the rules of the Texas Property Code. A panel of three Special Commissioners determine the value of your property at the hearing.
No, the government entity is not required to negotiate with the property owner. If the property owner does not want to accept the offer made by the government, the government will file a lawsuit in court and request the judge to determine the correct value of the property.
If you and the government cannot reach an agreement, a lawsuit can be filed in court for a judge to determine the right compensation for your property. You and the government entity will have a hearing in front of a panel of Special Commissioners who will determine the right value for your property that is being taken.
The government has to follow the laws as set under the Texas Property Code. It has to send two offers, within 30 days of each other, and also send the landowner their Bill of Rights advising them of their rights.
The government starts the process by determining how much property it will need to expand a project. The project must be for public use and to benefit the public. The government begins with getting the value of the land from its experts and then sends an offer based on that expert’s report the landowner.
Eminent domain or condemnation is the government’s right to take an individual’s private property for public use. A good example of this is when the government expands freeways, it has the need to take private property on the sides to expand the lanes. The government would take the private land along the freeway under its right to condemnation. The right to condemnation is provided to the United States government under the Fifth Amendment to the U.S. Constitution.
Your tenants are required to get notice of the condemnation just as a landowner. They will get their due process rights.
You can, but you can also make a counteroffer if you believe that you are not getting the right compensation for your condemned property. It is not necessary for you to take the offer made by the government. If your professionals provide different numbers for the compensation, you can certainly counteroffer with that number.
Absolutely. By law, the property owner would get compensation based on the highest and best use of the property. If the highest and best use of your property is to have a running business, and it generates rental income from that business, the government will pay you just compensation based on all these factors.
Absolutely! Under the Fifth Amendment of the Constitution a property owner has the right to just compensation for their land that is being condemned by the government. The state will provide you with an offer for just compensation for the strip it is taking from you.
While it is not necessary for a property owner to get an attorney, we would highly recommend it. An attorney can help you hire the right professionals who would determine the highest value of the property being taken by the government and he/she will fight for you to get that high value.
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