Eminent domain has been part of our nation’s fabric for decades. The power to take land for the use of government projects is allowed by the Fifth Amendment of the U.S. Constitution. It states that no person will be deprived of “life, liberty or property without due process of the law; nor shall private property be taken for public use without just compensation.”
If your property is currently under an eminent domain threat, our lawyers in McAllen can help you get a fair settlement. Let’s talk about some facts on eminent domain and how government and private companies can condemn land for the greater good.
The Basics
While this might come as a surprise to many, the government at state and federal levels does have the right to seize any private or real estate holdings from owners if there’s a justifiable reason the property will serve the community’s greater good.
A landowner won’t have a legal case to fight back on, and most times the condemnation and seizure of buildings or land is unpreventable. This doesn’t mean, however, that a landowner isn’t entitled to receive fair compensation. We can help to uphold your rights when negotiations start with state or federal agencies.
Can Private Companies Enforce Eminent Domain?
There have been cases where private companies have been given the green light to condemn real estate properties under the eminent domain clause. This doesn’t mean that any company can seize a property for a project, though. It must go through a rigorous process of proving that the public will benefit from the proceeding before receiving approval.
In Texas, for example, gas pipeline and oil companies usually condemn parts of lands to ensure the safe transportation of their products. The same can be said about public agencies and private companies regarding fair payment and ensuring that land being taken has been properly assessed.
Eminent Domain Near You
Project SH 68 is currently being described by the Statewide Transportation Improvement Program (STIP) and the Metropolitan Transportation Plan (MTP) as a project with future overpasses and mainlines into a four-lane divided facility. Most of the highway will stretch from eastern Hidalgo County (US 83/1-2 to US 281/I-69C) for approximately 22 miles.
What is the purpose of the project? According to the Texas Department of Transportation, the project aims to improve southbound and northbound mobility, increase travel capacity for the local region and provide an alternate northern and southern route during emergency events.
The Project’s Status
Right now, the project is currently going through an environmental assessment process where officials will determine what the environmental impact of construction will be. The analysis will provide an in-depth look at the indirect and cumulative impacts that construction will bring on air quality, noise, floodplains, threats to endangered species and a potential displacement of residents, businesses and even vegetation.
You’re Not Alone. We Can Help
We’ll work with you to determine what the best market value for your property is while ensuring that you’re not being financially hurt by these proceedings. The eminent domain lawyers at Fryer and Hansen have the necessary in-depth knowledge and experience of the Texas legal system to help achieve the best possible outcome for your case.