Waxahachie Condemnation Complex Litigation Lawyer
Clay Jenkins & Associates attorney can proudly attest to having many years of handling noteworthy domain law cases for landowners in Dallas and Ellis County in Texas. Our very own attorney Clay Jenkins got his start in the industry by providing condemnation services to landowners from all around Texas. You deserve to receive the full value for your private property, and he has the expertise to at least steer you in the right direction.
Clay Jenkins & Associates Attorney at Law holds over 66 years of service with many more to come. Get the most out of our legal condemnation services as you’re also taking advantage of over half a century of experience.
What Can Trigger Condemnation Litigation?
Complex condemnation litigation typically stems from the government’s attempt to seize private property through the use of eminent domain. This process typically starts when a property owner receives a formal notice in the mail. This letter will spell out that a government-affiliated entity intends to purchase the property for public use, and other legal requirements. Landowners do have legal protection, as outlined in the Texas Landowner’s Bill of Rights.
Once a survey is completed, the taker will make a formal offer to purchase the property. At this point, the owner has the right to accept the offer or refuse it. In many cases, this leads to negotiations that ultimately result in an agreed sale price. Not everyone agrees, however.
Refusal of Offer
If the property owner refuses all offers to purchase the property, the next step for the taker is to file a condemnation lawsuit. These lawsuits are unique in many ways, as the court will appoint three local property owners to serve as special commissioners during the condemnation case. The special commissioners will review evidence from both sides before reaching a determination on the value of the property.
The decision made by the special commissioner is not always final. The property owner or the taker has the option to reject the decision made by the special commissioner and appeal. All appeals are heard by the trial court and proceed like a standard civil lawsuit.
How Do Special Commissioners Calculate My Damages?
When the special commissioners hear a condemnation case, they do not reach a final value based on guesswork or speculation. When it comes to assessing damages, these commissioners must consider an array of evidence. The ultimate goal is to provide the property owner with damages that equal the fair market value of the property at the time of the hearing.
Commissioners are bound by a standard known as the “highest and best use.” In other words, they must place a value on real property based on this most it could be worth depending on how it could be used. When reaching this determination, the commissioners must consider a few factors.
Valuing Property
First and foremost, the commissioners will look at the value of the property itself. There could be a dispute over this baseline value, with both sides relying on the advice of opposing realtors. Commissioners must also take into account any injury the property owner suffers. Finally, the commissioners must also take into account how the property will be used in the future after the condemnation process has concluded.
Not all condemnation cases involve full tracts of land. In some cases, only a portion of a tract of land will be condemned. This can make determining the damages to the original property owner difficult. The commissioners must take into account whether or not loss of a portion of a tract of land will eliminate the value of the full tract.
ALLOW US TO HELP YOU ASSESS RISK AND COST
Multiple financial disputes can arise between any multi-owner business and it’s our responsibility to lay these to rest. Our team will work closely with you in order to decide how to take on negotiation agreements, arbitration settlements and litigation judgements. Together we will decide the appropriate risks and assessments for your company.
Our firm successfully represents companies from family-owned small businesses to Fortune 500 companies. Put this fact to the test when you have us tackle your complex litigation case. Reach out to us as soon as possible to allow us to review your case and advise you of your options.
