If you’ve received notice that your property is targeted for eminent domain, it’s natural to feel frustrated or confused. Whether for a new highway, utility expansion, or public building, eminent domain allows the government to acquire private property for public use, but not without limitations. If you’re dealing with eminent domain McAllen property owners are facing, it’s essential to know your rights and legal options before making any decisions.
Understanding what you can and cannot refuse is key to protecting your property and securing fair compensation.
Can You Refuse Eminent Domain?
Technically, you can’t outright “say no” to a valid exercise of eminent domain. However, you’re not powerless. You have the right to challenge the taking, question the necessity of the project, and—most importantly—demand just compensation.
You May Have Grounds to Challenge:
- If the taking is not for a true public use
- If proper procedures were not followed
- If the government fails to offer fair market value
- If the acquisition significantly reduces access or usability of the remaining land
Working with an attorney can help determine whether your case meets any of these exceptions under Texas law.
Get the Compensation You Deserve
Even if you can’t stop the project, you can absolutely negotiate the amount you’re paid. Many initial offers undervalue the property or ignore the broader impact of the acquisition.
What Should Be Included in Compensation?
- Current fair market value of the property
- Damages to remaining land (if only part is taken)
- Relocation and loss of business expenses (if applicable)
- Loss of access or visibility that affects property value
A seasoned eminent domain attorney can coordinate with appraisers, engineers, and financial experts to support your claim and fight for a more favorable outcome.
Don’t Sign Without Legal Advice
Many property owners are pressured into accepting initial offers without fully understanding their legal rights or long-term consequences. Once you sign, your leverage is gone—and so is your chance to negotiate.
Before You Sign Anything:
- Have your offer reviewed by a qualified attorney
- Request an independent property valuation
- Ask for time to respond before agreeing to terms
Legal guidance helps ensure you’re not leaving money—or rights—on the table.
Contact Fryer & Hansen to Protect Your Property Rights
Facing eminent domain McAllen property owners trust Fryer & Hansen for honest advice, vigorous advocacy, and personalized legal support. Their team has experience with eminent domain cases and knows how to protect your property, value, and peace of mind.