Eminent Domain / Condemnation

Texas Eminent Domain & Land Condemnation Proceedings

North Texas attorney Michael Whitten protects the interests of land owners and homeowners who face the loss of home, property, or land value due to condemnation proceedings by a government entity.

At the Whitten Law Firm, P.C., we are committed to securing just treatment and a fair financial settlement for everyday people who are facing the power of state and federal government, or a city, county, or public utility company. If you are facing the loss of your home, business, or land due to eminent domain, contact our Denton law office for help.

Condemning Private Property

A number of governmental and quasi-governmental organizations can invoke the power of eminent domain law to condemn private property so they can gain legal access to use it for another purpose.

Sometimes this land use is compatible with your continued use of your property, such as when an agency seeks a right of way easement for a water main or a power line.

Sometimes the proposed use seems compatible with your continued use, but it places severe restrictions and limitations on your property. That can translate into a serious loss of property value for you, the property owner. For example, an easement for a high pressure gas pipeline across property intended for a housing development may make it extremely difficult to find buyers for the property.

Most often, the proposed use is incompatible with the private land owner's continued use, such as when property is cleared to make way for a road or a utility substation.

If your property has been condemned, you may have a strong desire to “fight city hall.” This is difficult and rarely succeeds, although, on occasion, a homeowner does present a very strong case. Call our office to speak to a lawyer for a free evaluation of the specifics of your case.

Far more often, the government entity obtaining your property through eminent domain must negotiate with you. They will provide you with a valuation of your property, but you do not need to accept that valuation as accurate. By working with an experienced eminent domain attorney, it may be possible to negotiate a substantially greater financial payment.

What is Just Compensation?

You are entitled to compensation for the value of your property, the value of any improvements you made in the past, and the value of your business, including good will. You are also entitled to relocation benefits.

Under eminent domain law, if you are not satisfied with the amount the government entity is offering you, you have a right to a jury trial.

Whether or not you want to take your case to court, if you want a skillful legal negotiator to get you the best deal, contact the Whitten Law Firm. We'll give you an honest assessment of your case.