Unbeknownst to many homeowners, a city council or state or federal government can deem your piece of land for “public use”. While handling a case of eminent domain might be out of your hands, a clause in the Fifth Amendment of the Constitution, however, limits the government’s right to take homeowner property for public use without providing said homeowner compensation in return. In this piece, we’ll be taking a look at Project SH 68, which is sure to affect many Valley citizens. If you think your property will be the subject of eminent domain, give our McAllen lawyers a call today!
If you require assistance regarding Project SH 68, contact our McAllen eminent domain lawyers.
What is Eminent Domain?
Eminent domain is a legal clause where governments take private land for public use. For example, the government may want to take your home in order to build a bridge or new highway. The homeowners are entitled to compensation and the government must follow procedures before it can actually take the property. Let’s go over the government’s power when using eminent domain, its limitations and your rights as a homeowner.
What Determines Compensation?
The Constitution requires the government to give home or landowners subject to eminent domain “just” compensation. This is usually how much the homeowner would get in an open market. Other factors are taken into consideration, such as the size of the property and any resources it might have.
The process starts with a public improvement plan or broader expansion. Once planners have determined which pieces of land or homes will be affected, they start working with appraisers to come up with an evaluation of the property. If the owner is content with the evaluation, the process ends there. If an owner, however, is unsatisfied with a price, then the dispute will be resolved in condemnation proceedings.
The SH 68 Project
Right now in Hidalgo County, Project SH 68 is underway. The plan encompasses a four-lane divided rural highway facility with future mainlines and overpasses in eastern Hidalgo County, according to the Texas Department of Transportation.
The project will stretch from US 83/I-2 (near the City of Donna) to US 281/I-69C (north of Edinburg), encompassing an area of 22 miles. The project was formed due to the lack of northern and southern mobility for local and regional traffic as a result of the growth in population and traffic in the region. Additional emergency routes are also needed as a result.
Helping You with SH 68
If you live in Donna or to the north of Edinburg, there is a chance you might get a visit from the city council or Project SH 68 managers. Fair market value and eminent domain go hand-in-hand, and when the government approaches you, you should be offered compensation on market value. Both parties must agree on a price in order to move forward.
The government usually hires appraisers to do an initial evaluation of the land. Finding the right eminent domain lawyer is crucial in getting what’s fair to you. Fryer & Hansen, PLLC knows how to help in these sorts of situations. We’ll make sure appraisers know the area, home style and other details so that you can benefit more from the value as opposed to an appraiser that’s representing the party that’s looking to buy.
Wanting to Help You
If you live in Donna or the north of Edinburg and believe Project SH 68 will affect you, then we encourage you to give our lawyers in McAllen a call. We’ll make sure that you get a true and fair market value on your home or piece of land.