Eminent Domain and Conemnation in Denton County.

Our Experience. The attorneys at Hammerle Finley Law Firm have have represented parties in Denton County Eminent domain proceedings for more than 25 years.  We are well-versed in condemnation proceedings in Denton County, where our attorneys have represented both landowners and condemning public authorities, and served as court-appointed commissioners in Denton County condemnation proceedings.  

Eminent Domain. Under Texas law, eminent domain is the right or authority of government to take private property for public use. The takings process itself is called condemnation. Condemnation is the process that TXDOT will use to take the real property adjacent to the I-35E corridor in Denton County.

The Landowner’s Bill of Rights. Texas property cannot be taken unless the condemning authority first gives the Landowner’s Bill of Rights to the affected Texas property’s owners. All rights outlined in this document apply every time any entity, like TXCOT, uses eminent domain to take a Texas landowner’s private property.

If negotiations with the Texas property owner are unsuccessful, the government or entity exercising the power of Texas eminent domain will file a civil lawsuit to acquire the property through a condemnation proceeding and trial, if necessary.

Fair Compensation The government must prove that the property taking is for a public use and is necessary. The U.S. Constitution and Texas Constitution require that the government or entity exercising the power of eminent domain to offer the property owner just compensation for the taking. Just compensation is determine by the fair market value of the property being acquired and the damages, if any, to the remainder property. For Denton County property, the first reference will be like property within the boundaries of Denton County. The property owner usually hires an appraiser to determine the fair market value. A property owner is entitled to contest the government’s offer of just compensation through negotiations, special commissioners’ hearings and jury trial.

If you own property in Denton County, then you are entitled to fair market value for the property being acquired through the condemndation process, and the damages or diminution in value to your remaining property, if any. Fair market value is defined, in part, as what a willing seller, not obligated to sell, would accept for the property and what a willing buyer, not obligated to buy, would pay for the property. Your current use of the property may not be the appropriate measure for fair market value. This is especially true in Denton County, which is one of the fastest growing counties in the country. As a Texas property owner, you are entitled to a valuation that includes the “highest and best use” of your property.

Our eminent domain attorneys have represented Texas landowners in all phases of a condemnation proceeding.

Rates. We offer a free consultation to Denton County landowners facing an eminent domain claim. Our attorneys handle Texas condemnation matters on either a contingency or an hourly rate.

For a consultation with a Texas condemnation lawyer at Hammerle Finley, please contact us online or call one of our offices:

Dallas 214 363-9300
Lewisville 972-436-9300
Denton 940-383-9300
Corinth 940-383-9300
Plano 972 -423-3000

The Texas Landowner’s Bill of Rights consists of 10 basic principles:
1. You are entitled to receive adequate compensation if your property is taken for a public use.
2. Your property can only be taken for a public use.
3. Your property can only be taken by a governmental entity or private entity authorized by law to do so.
4. The entity that wants to take your property must notify you about its interest in taking your property.
5. The entity proposing to take your property must provide you with an assessment of the adequate compensation for your property.
6. The entity proposing to take your property must make a good faith offer to buy the property before it files a lawsuit to condemn the property.
7. You may hire an appraiser or other professional to determine the value of your property or to assist you in any condemnation proceeding.
8. You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving the condemnation.
9. Before your property is condemned, you are entitled to a hearing before a court-appointed panel that includes three special commissioners.
10. If you are unsatisfied with the compensation awarded by the special commissioners, or if you question whether the taking of your property was proper, you have the right to a trial by jury.

The Texas Landowner’s Bill of Rights, along with an explanation of the condemnation process, is available at www.texasattorneygeneral.gov. Texans should always consult the Texas Landowner’s Bill of Rights when their property faces condemnation. In a state whose citizens have a storied relationship with the land, where 95% of the property is privately owned, it is critical that residents know and understand their legal rights.