Eminent Domain Lawyer in Dallas, TX
Eminent domain is the government’s power to take private property for public use. The Texas Constitution explicitly limits this power by requiring that property may only be taken for “public use” and that the owner receives “adequate compensation” for the taking.
Article I, Section 17 states:
“No person’s property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made, unless with the consent of such person.”
This provision ensures that private property cannot be taken arbitrarily or for private purposes.
Statutory Safeguards in Texas
The Texas Local Government Code requires that a taking be “necessary” to achieve public use. Specifically, Section 251.001(a) provides that municipalities may only exercise eminent domain after their governing body determines it is necessary for public use.
Moreover, Texas Government Code Chapter 2206 restricts takings by prohibiting actions that:
- Confer a private benefit on a particular private party
- Are for economic development purposes
- Are not for legitimate public use
Together, these statutes ensure that property cannot be condemned merely to benefit private entities or increase tax revenues.
Texas Courts and Property Owner Rights
Texas courts strictly scrutinize eminent domain cases. The Texas Supreme Court has ruled that judicial review is proper to challenge takings that are based on fraud, bad faith, or arbitrary and capricious determinations. Both district courts and county courts at law have jurisdiction to hear eminent domain cases. Chapter 21 of the Texas Property Code establishes the procedures for eminent domain cases.
Why Bring an Eminent Domain Lawsuit in Texas?
Property owners are entitled to adequate compensation, which includes the fair market value of the property taken and damage to any remaining property. Courts generally construe eminent domain statutes in favor of landowners and against the government, and they may invalidate the taking if the public use or necessity requirements are not met. Acting quickly is crucial to protect your rights and ensure fair compensation.
Why Choose Coleman Jackson, P.C.?
Our law firm can vigorously represent property owners in eminent domain actions throughout Texas by:
- Explaining the constitutional and statutory requirements for eminent domain in Texas, including the necessity of public use and adequate compensation.
- Negotiating with the government to secure adequate and just compensation for both property taken and surrounding properties.
- Representing property owners in district courts and county courts across the state.
- Seeking injunctive relief when the government threatens to take property without following Texas’ strict eminent domain laws.
Contact a Dallas Eminent Domain Attorney
Contact the experienced commercial real estate attorneys at Coleman Jackson, Professional Corporation today at (214) 599-0431 for your eminent domain concerns.
