An industrial property eminent domain action can be as devastating to a business as a fire or flood. Rebuilding and relocation can prove to be too costly. In some situations, it make it simply impossible, forcing a company that may have taken generations to grow to shut its doors permanently.
Fortunately, both the United States Constitution and Texas State Constitution gives industrial property owners in Texas the right to seek full and just compensation from the entity seeking to take their land.
The representation of an experienced Texas eminent domain attorney can help business property owners make the most out of a bad situation by ensuring they receive the total compensation owed for their losses.
Factors to Consider in Industrial Property Eminent Domain Cases in Texas
Obtaining full and just compensation for an industrial property can be a challenge. There are many factors a property owner must take into account during a Texas industrial property eminent domain action. Besides getting the fair market value for the property taken, they also have a right to be compensated for all the losses the law allows.
For instance, in actions that involve taking only a part of the property, the property owner may be entitled to compensation due to loss of parking space, accessibility and/or signage.
Situations in which the entire property is seized can present even more difficulties. Relocation and reestablishment can be a problem if:
- There are no similar properties available in the area.
- Comparable pieces of property are substantially more expensive.
- Or your business requires a specific type of facility.
Zoning, environmental and other regulations can make relocation difficult as well.
Answers to Questions About Eminent Domain in Texas
In order for privately owned land to be taken through eminent domain, several requirements must be met. 1) It must be a government entity or a private entity acting under government authority doing the taking. 2) The land must be taken for a public use. 3) The landowner must be paid just compensation for their property.
In some cases, it is possible to fight to stop eminent domain based on the first 2 requirements.
The short answer is YES, you can refuse the first offer from a condemning authority, and it may be the smartest move you can make. It is almost always possible to fight for higher market value for your land than the initial offer. An experienced Texas eminent domain attorney can help determine and fight for a more favorable fair market value.
If an entity with the power of eminent domain in Texas has asked for the right to enter your property to conduct a professional survey, you are not legally obligated to comply. However, doing so will not prevent the eminent domain process from moving forward.
Get Help from Texas Industrial Property Eminent Domain Attorneys
If you own an industrial property in Texas that is facing condemnation proceedings, the first thing you’ll want to do is confirm that the action is legal — that the entity wanting to take your land has the authority to do so. In order to do that, you need to contact an experienced eminent domain attorney.
If their action is legitimate, you may not be able to stop the condemnation proceedings from going forward. If that is the case, you’ll want to make sure you effectively negotiate to get the full and just compensation, not just for the property itself, but for all the other compensable losses you face as well.
The Texas eminent domain attorneys at Dawson & Sodd have been protecting the rights of Texas industrial, business and commercial property owners for over a century. We dedicate our practice to ensuring all landowners in Texas get a fair trial and the total compensation they are due when they face losing all or part of their property in an eminent domain action. In many cases, we’ve obtained final settlements far greater than what the condemning entity originally offered.
Let us put our vast legal knowledge, expertise and resources to work on your behalf during a Texas industrial eminent domain action. Call the law offices of Dawson & Sodd to schedule a free consultation with a leading Texas eminent domain attorney.
Highlight Eminent Domain Case Result
At Dawson & Sodd, we have represented many commercial property owners in condemnation cases. In one such case, a Tarrant Couty highway taking resulted in the demolition of a commercial building. The initial offer to the property owner was $846,000. We were able to raise that to a final net settlement of $1.3 million.