February 02, 2012
/24-7PressRelease/ -- Texas is a state with historically strong property rights, and that core concept continues today with protective measures for landowners, such as the Texas Landowner's Bill of Rights and the Private Real Property Rights Preservation Act. Both legal doctrines are intended to protect commercial and non-commercial landowners' property rights against unlawful infringement by the government.
Texas condemnation lawyers understand these laws and can help property owners defend their rights when they are facing government interference with their land.
Eminent Domain
The U.S. Constitution grants the government the ability to take private land for public use in exchange for just compensation. Over the years, the meaning of this power -- often called "eminent domain" -- and the limitations placed on it have been refined.
For example, in Texas, legislators have banned the taking of private land for private economic development, even if the economic development is expected to provide some derivative benefit to the public by creating additional jobs or increasing tax revenues. In addition, landowners may be able to buy their land back from the government at the price the government paid for it if, 10 years later, the government has not used the property for the intended public use.
Just Compensation
Texas courts have ruled that the amount of compensation awarded to landowners following an eminent domain action by the government must be determined by considering the highest and best use of the property. In cases of commercial property, for example, the government must consider the most profitable use of the land when determining compensation.
In instances where the government takes only part of a landowner's property, the government also must adequately compensate the landowner for the diminished market value of the land, decreased access to the land or reduced ability to use the land caused by the government's partial interference.
An Eminent Domain Lawyer Can Help
This information is a basic overview of eminent domain in Texas. There is much more that commercial property owners can do to protect their property. For more information, contact a Texas business attorney with experience in eminent domain and condemnation cases.
Article provided by Schachter Harris, LLP
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www.schachterharris.com---
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