Category: Eminent Domain

Eminent domain is a legal concept that enables real property to be seized for reasons that are for the betterment of the general public. The proceedings that lead to the seizure of private property are known as condemnation proceedings.  Property that’s taken under eminent domain, which is covered in the Fifth Amendment, isn’t free. The…

It’s common knowledge that the government can acquire private property for public use. However, they have to compensate the property’s owner as stated in the Fifth Amendment. The constitution provides for just compensation which may be open to interpretation. Technically, the compensation is not supposed to enrich you. Instead, it should make you whole again…

When you buy real estate, you likely look at it as a long-term or even permanent commitment. You will pay on a mortgage for many years. People who purchase their own home and business owners who buy commercial property will invest a significant amount of their income in the purchase costs and maintenance expenses for…

When you are looking at the two terms “eminent domain” and “condemnation,” you should know that they aren’t necessarily the same. Eminent domain in the government’s right to take over a person’s private property, but condemnation is the legal process that takes place that allows the government to use that right. As a property owner,…

Property owners across Texas often feel the presence of the oil and gas industry. Some households own land in areas known to be rich in natural deposits and can potentially negotiate leases for a company that might drill on the land eventually. Other property owners will face claims by oil and gas companies that want…