Eminent Domain FAQ
  1. Home
  2.  | 
  3. Eminent Domain
  4.  | Eminent Domain FAQ

Answers To Your Questions About Eminent Domain

Eminent domain is an extremely challenging thing for most landowners. In addition to the possible commercial investment made into a specific location, there could be significant personal attachment, convenience and other benefits associated with the land. If you have received notice of an intent to take your land for public use, you need the help of an experienced lawyer who can represent you and protect your rights in the process.

As the founding attorney of the law firm, Robert I. Joseph, P.C., I provide legal representation for landowners throughout the state of Texas. I can help protect your rights and financial interests in the process. In addition to being an experienced lawyer, I am a business owner, as well, so I understand how to protect commercial landowners and how to make sure their properties are given proper value assessments.

What Is Eminent Domain?

Eminent domain comes from the “takings clause” in the Fifth Amendment to the Constitution, which states that “private property [shall not] be taken for public use, without just compensation.”

Although it is not received favorably by most people, the fact is that the government or an entity authorized by the government (such as a pipeline company or an electric bmpany) does have the right to take private land for public purposes. The process is called eminent domain.

Can You Prevent The Taking Of My Land?

Unfortunately, in most cases, no. There are exceptions that come up on occasion, like if the government entity grossly breaches your due process rights, or if you are in a specific type of property that is unavailable for an eminent domain taking. But these exceptions are pretty rare. In general, eminent domain is a power the government has and can exercise when needed.

What Can An Attorney Do To Help?

As your lawyer, I can help you through the process. I can make sure you understand your rights and that these rights are protected. You can learn more about your rights in an eminent domain taking, but in general, you have the right to due process of law and the right to receive fair market value (FMV) for the property being taken.

I know the nuances and details surrounding property assessments and the due process requirements in eminent domain, so I can help you through every step of the legal process involved.

What Should I Do If I Get Notice Of A Taking?

The first thing to do is contact an attorney. In many cases, I have been able to drastically increase the FMV compensation my clients have received in eminent domain cases. I can be a tremendous resource for you in the process.

Contact Robert I. Joseph, P.C.

Although eminent domain is not something anyone hopes to go through, having a trusted legal counselor and advocate on your side can be a tremendous help. Call my San Antonio office at 210-988-0555, my Lubbock office at 806-762-0555 or email the firm today to schedule a consultation.