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Eminent Domain Lawyer
At Mokaram Injury Lawyers, we are committed to safeguarding the rights of property owners facing eminent domain proceedings. While the government or authorized entities may have the legal power to take private property for public use, that power is not unlimited. Our skilled eminent domain attorneys in Houston specialize in navigating the complexities of eminent domain law, ensuring your rights are protected and you receive the just compensation you deserve.
As a trusted eminent domain law firm, we have successfully represented homeowners, landowners, and business owners in challenging improper takings and negotiating fair compensation. Whether your property is targeted for road expansions, utility easements, or redevelopment projects, our eminent domain lawyers provide aggressive representation to achieve the best possible outcome. At Mokaram Injury Lawyers, we understand the stakes involved and are ready to advocate for your property rights.
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Table of Content
What is Eminent Domain?
Eminent domain is the legal power that allows the government or certain authorized private entities to take private property for public use. Under the Fifth Amendment to the U.S. Constitution, property owners are entitled to “just compensation” for their property. This compensation must reflect the fair market value and any other damages related to the loss of property.
Public use projects commonly associated with eminent domain include highways, schools, utility easements, and public infrastructure. However, property owners often face challenges such as lowball compensation offers or improper takings that do not meet the requirements of public necessity.
Our Houston eminent domain lawyers are well-versed in identifying these challenges and will work diligently to ensure your rights are upheld and your property’s value is fairly assessed.
What is Inverse Condemnation?
Inverse condemnation occurs when a property owner claims the government has effectively taken or damaged their property without formally exercising its eminent domain power or providing just compensation. Examples of inverse condemnation include:
- Flooding caused by government projects
- Zoning changes that diminish property value
- Environmental contamination caused by public works
In these cases, property owners can file a claim to seek compensation for the loss of use or value. Our eminent domain lawyers have significant experience handling inverse condemnation cases and will fight to recover the damages you are owed.
Types of Eminent Domain Cases
At Mokaram Injury Lawyers, our team of eminent domain lawyers has handled a wide range of cases, including but not limited to:
Highway and Road Expansions
Transportation infrastructure is one of the most common reasons for eminent domain actions. Governments may seize private property to build or expand highways, widen roads, or create new transportation corridors. While these projects are often deemed necessary for public use, property owners frequently encounter undervalued offers that fail to reflect the true worth of their land. In some cases, the taking may extend beyond what is essential for the project, unnecessarily disrupting property owners’ lives.
Utility Easements and Pipelines
Land may be acquired for installing and maintaining public utilities, including power lines, gas pipelines, water infrastructure, and telecommunications networks. Unlike outright property acquisition, utility easements often involve partial takings where the property owner retains ownership but must allow access for construction and maintenance. These easements can significantly reduce the value of your property and interfere with its use.
Public Facilities
Land acquisitions for public facilities such as schools, government buildings, parks, and hospitals are common in eminent domain cases. While these projects typically fulfill clear public purposes, property owners may still face unfair compensation offers. Additionally, the construction of such facilities can cause noise, traffic, and other disturbances that affect the remaining property value.
We advocate for fair compensation that accounts for not only the property taken but also the broader impact on your remaining land and quality of life.
Private Projects with Public Benefits
In some cases, eminent domain is used to acquire property for private developments that are deemed to provide public benefits. Examples include shopping centers, sports stadiums, and private infrastructure projects. These cases are often controversial, as they push the boundaries of what qualifies as "public use”.
Common Eminent Domain Challenges
Eminent domain cases often involve complex issues that can significantly impact property owners. Understanding the challenges property owners face in these proceedings highlights the critical role experienced eminent domain attorneys play in protecting your rights. Below are common challenges and their implications:
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Lowball Offers
Government agencies or private entities frequently undervalue property during the initial appraisal, offering compensation that does not reflect the true market value or potential use of the land. This disadvantages property owners and may lead to financial losses if not properly contested.
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Partial Takings
In some cases, only a portion of the property is taken, leaving the remaining property with reduced value or usability. Known as severance damages, these impacts often go uncompensated unless aggressively pursued by a skilled eminent domain lawyer.
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Relocation Challenges
Relocation can be costly and disruptive for businesses and homeowners. Inadequate compensation for moving expenses, setup costs, or loss of income can lead to financial strain, particularly for business owners who must restart operations elsewhere.
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Disruption of Business Operations
Eminent domain actions can force businesses to shut down temporarily or permanently, resulting in lost revenue and diminished customer bases. Compensation for such damages must be calculated thoroughly to avoid long-term financial hardship.
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Improper Takings
Not all eminent domain proceedings comply with the law. Some takings may not serve a legitimate public use or fail to meet constitutional requirements. These cases require a detailed legal challenge to protect the property owner’s rights and prevent an unjust taking.
At Mokaram Injury Lawyers, we understand the complexities property owners face during eminent domain proceedings. Just as we handle losses in personal injury cases, we ensure that every financial and non-financial impact of eminent domain is accounted for to secure the compensation you deserve.
Types of Compensation Available
In eminent domain cases, property owners are entitled to compensation that reflects the full market value of their property and additional damages when applicable. Types of compensation include:
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Fair Market Value
Fair market value refers to the amount your property would sell for on the open market under normal conditions. This value considers factors such as the location, size, zoning, and potential use of the property. Our eminent domain attorneys ensure the appraisal accurately reflects your property’s true worth, including its highest and best use, so you receive full compensation for what is being taken.
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Loss of Business Income
If the taking disrupts your business operations or reduces your ability to earn income, you are entitled to compensation for the resulting losses. This includes both temporary losses during the relocation process and long-term losses if the taking negatively impacts your business’s profitability. We work closely with financial experts to calculate these losses and ensure they are included in your compensation.
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Relocation Costs
When eminent domain forces you to move, the government must cover the costs associated with relocation. This includes expenses for transporting equipment, setting up a new location, and restoring operations. For homeowners, relocation costs may include moving expenses and finding a comparable property. Our team ensures every aspect of your relocation is accounted for in the compensation package.
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Damages to Remaining Property
If only part of your property is taken, the remaining portion may lose value due to reduced functionality, aesthetics, or accessibility. This devaluation, known as severance damages, is compensable under eminent domain law. We ensure the impact on your remaining property is thoroughly evaluated, so you receive compensation for the diminished value.
Our eminent domain attorneys meticulously evaluate every aspect of your case to ensure you receive maximum compensation.
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Damages We Recover for You
In eminent domain cases, damages extend beyond the initial compensation for your property. We fight to recover:
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Property Value
We ensure you receive fair market value for the property taken, reflecting its highest and best use, so you are fully compensated for your loss.
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Damages to Remaining Property
If the taking reduces the value of your remaining property, we fight to recover severance damages for the diminished functionality or appeal.
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Relocation Expenses
We seek compensation for all relocation costs, including moving, reestablishing operations, and ensuring a smooth transition for your family or business.
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Loss of Business Income
For business owners, we pursue damages for lost income, reduced profitability, and any long-term financial impacts caused by the taking.
Steps in an Eminent Domain Case
The eminent domain process can be complex, involving multiple steps. Our eminent domain lawyers guide clients through every stage of the process:
Initial Notification
The eminent domain process begins with the government or authorized entity notifying the property owner of its intent to acquire the property. This notice typically outlines the purpose of the taking and identifies the property to be acquired. Property owners should take this notification seriously, as it marks the beginning of a legal process with strict deadlines. At this stage, it’s critical to contact an experienced eminent domain lawyer to understand your rights and options.
Appraisal and Offer
After notifying the property owner, the government conducts an appraisal to determine the property’s fair market value. Based on this appraisal, an initial offer is made to the owner. Unfortunately, these offers often undervalue the property, failing to account for its full potential or the owner’s specific circumstances. Our attorneys review the appraisal and the offer to ensure they reflect the true value of your property and include all compensable damages.
Negotiation
Property owners have the legal right to negotiate for a higher offer if they believe the initial offer is inadequate. At this stage, our eminent domain lawyers engage with the government or entity on your behalf, presenting evidence such as independent appraisals and expert opinions to justify a higher valuation. We aim to resolve disputes through negotiation whenever possible, saving you time and stress while securing the best possible outcome.
Filing of a Condemnation Action
If negotiations fail and an agreement cannot be reached, the government may file a condemnation lawsuit to acquire the property through the courts. This formal legal action initiates a process where the court determines whether the taking is lawful and the amount of compensation due. Our attorneys meticulously examine the lawsuit to identify potential legal challenges to the taking and ensure all procedural requirements are met.
Legal Representation
Once a condemnation action is filed, having skilled legal representation becomes essential. Our eminent domain attorneys challenge the taking if it fails to meet the requirements of public use or necessity. We also advocate for fair compensation, presenting evidence of your property’s value, the impact on your remaining property, and any additional damages you are entitled to. This stage often involves detailed legal arguments and the presentation of expert testimony.
Resolution or Trial
The case may be resolved through settlement negotiations, where both parties agree on compensation terms. If a settlement cannot be reached, the case proceeds to trial, where the court determines the legality of the taking and the compensation amount. At trial, our attorneys present a compelling case to maximize your recovery, drawing on our extensive experience and network of appraisers, engineers, and other experts to support your claim.
Why Choose Mokaram Injury Lawyers for Eminent Domain Cases?
Choosing the right eminent domain attorney is critical when dealing with the complexities of property takings. Mokaram Injury Lawyers stand out as a trusted partner for Houston property owners, offering:
Specialized Eminent Domain Expertise
Our attorneys have extensive experience in handling eminent domain cases involving highway expansions, utility easements, redevelopment projects, and public infrastructure. We understand the legal nuances and strategies needed to challenge improper takings and undervalued compensation.
Aggressive Representation
We are relentless in fighting against government agencies and private entities, ensuring your rights are upheld and your property’s true value is recognized.
Proven Track Record
Mokaram Injury Lawyers has successfully resolved cases involving complex partial takings, severance damages, and business income losses, securing millions in compensation for our clients.
Client-Centered Approach
We tailor our strategies to fit the specific details of your case, providing clear communication and personalized guidance at every step.
When you work with Mokaram Injury Lawyers, you gain access to a team of dedicated professionals who will fight relentlessly to protect your property rights.
FREE CASE REVIEW
Top Rated Lawyers In Houston
Mokaram Injury lawyers will contact you for a Free Legal Consultation.
Contact Our Houston Eminent Domain Attorneys Today
If you are facing eminent domain proceedings, don’t navigate this challenging process alone. The experienced team at Mokaram Injury Lawyers is here to help. We understand the nuances of eminent domain law and will work tirelessly to secure the best possible outcome for your case.
Call us today for a FREE consultation or contact us online. Let our experienced eminent domain lawyers protect your rights, fight for fair compensation, and provide you with the peace of mind you deserve.
Founder, Attorney At Law
Payman Momeni
Senior Attorney
Sasha Seyvani
Attorney At Law
Walter Champion
Author, Adjunct Professor
Ron Welsh
Of Counsel
Christopher Bertini
Of Counsel
Paul Higdon
Of Counsel
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Frequently Asked Question (FAQs)
The duration of eminent domain cases in Houston varies based on complexity and negotiation dynamics, typically ranging from several months to a few years. Factors influencing the timeline include the nature of the property, the extent of negotiations, and court schedules.
Challenging the government's right to take property under eminent domain is often difficult, as courts generally uphold such actions if they serve a public purpose. However, property owners can successfully negotiate for higher compensation or contest the valuation to ensure fair market value is received.
In Houston, as in the rest of Texas, eminent domain is limited by constitutional requirements that the taking must be for public use and that just compensation is provided to the property owner. Additionally, Texas law imposes stricter limitations on the use of eminent domain for economic development purposes, especially when transferring property to private entities.
