Inverse Condemnation Claims
In Texas, condemnation occurs when the local, state, or federal government exercises its eminent domain authority to obtain land for certain projects that benefit the public good, such as building a new highway or school.
Under the law, any entity with the power of eminent domain is supposed to either settle with the property owner for the fair market value of their land or exercise their right to condemn before they begin to use it. When private property rights are taken or damaged for public use without compensation, the law allows a property owner to file an inverse condemnation lawsuit seeking compensation for the value of the property that was taken, damaged, or destroyed.
If the government or an entity acting with authority from the government has appropriated or damaged your property without offering compensation, we encourage you to contact the Texas inverse condemnation lawyers at Dawson & Sodd, LLP.
The Texas state Constitution and the United States Constitution clearly state that the government cannot acquire land through the exercise of eminent domain authority without due process and compensation. Our law firm is dedicated to protecting the constitutional rights of Texas landowners in property disputes with the government. We have recovered compensation for our clients in many inverse condemnation cases. We have been pioneers in this area, and some of the largest recoveries obtained for our clients have come via inverse condemnation claims filed on their behalf.
Do You Have an Inverse Condemnation Claim?
Situations in which a property owner may have cause to file an inverse condemnation claim in Texas include:
- Road construction
- Water diversion/flood control projects
- Over regulation that deprives the landowner of their property’s economic use
- Excessive noise pollution from adjacent airports, railroad tracks and roadways
- Difficulties accessing and using land
- Pipelines and powerlines crossing their land
Inverse condemnation lawsuits are often times more complex and difficult than other types of eminent domain cases. The first big challenge is establishing that a specific, intentional act on the part of a government entity has taken and/or caused damage to your property.
Next, intent must be proven – the government entity must have known the harm that would result from their actions or that it was substantially certain to result. Finally, you must be able to determine an accurate dollar amount for the damages caused by the government’s actions.
Get Help from Experienced Texas Inverse Condemnation Lawyers
Taking on a government entity is never easy. The Texas inverse condemnation lawyers at Dawson & Sodd, LLP have the dedication it takes to prevail in an inverse condemnation claim. You can rely on our legal expertise and investigative resources to uncover the facts that establish the proof of your claim and recover a settlement amount that fully compensates you for your damages.
Dawson & Sodd has been protecting the rights of Texas property owners for over a century. Please visit our Case Results page to see for yourself how we have helped property owners like you in a wide variety of condemnation claims. We’re proud of our track record in winning favorable settlements for our clients. Many of our recoveries are among the largest “spreads” between low offers and high recoveries in Texas history.
If the government has taken, used or damaged your property without compensation, we urge you to contact Dawson & Sodd to schedule a free consultation.