Eminent domain is a complex topic that could be intimidating for the average Texas resident. When the government decides to condemn your land or property using this legal action, you may feel hesitant to fight back, considering your entitlement to fair compensation. Still, the circumstances surrounding it can signify issues or complications that could violate your rights as the owner, such as the type of project that will occupy the space. Eminent domain laws can vary per state, but in Texas, specific restrictions exist when meeting its public-use element. When invoking authority to condemn a ..read more

When someone passes away, their estate often goes through a legal process known as probate, a critical part of estate planning that ensures the deceased’s assets are effectively managed and distributed. A court oversees the probate process and involves gathering the deceased’s assets, paying off any debts and taxes and distributing the remaining to heirs and beneficiaries according to their will or, in the absence of a will, the state’s laws of intestacy.   If you are considering the assistance of a probate attorney, it is likely because you are a designated personal representative i ..read more

Receiving a condemnation notice can be alarming for any Texas homeowner. Questions may immediately arise: Is this even legal? Where will you live now? Will you, at least, receive compensation? Anyone in such a difficult situation may rightfully feel a combination of fear, confusion and perhaps even anger.  After all, the property in question is not just any structure but the very home in which you’ve built memories and dreams. But what can you do? Immediate actions to take following a condemnation notice When faced with the threat of eminent domain, do not let uncertainty stop you in your ..read more

The aftermath of losing a loved one can be one of the most difficult times anyone here in Texas or across the nation will ever face. This can especially hold true if you are suddenly dealing with any estate-related issues that can create a high level of tension between family members. Perhaps the most emotional and contentious of all of these involves situations where there is a dispute over the legitimacy of a will. If you are seeking to challenge your loved one’s will because you believe that it is improper, there are professional resources readily available to help guide you through this co ..read more

Sometimes, the government needs additional land to widen roads, extend railroads or build facilities for public use. As there are limited government lands, the state must negotiate with private property owners to seize land before proceeding with their projects. This process is called eminent domain. While you cannot outright refuse when the government claims your land, you can take measures to guarantee that you get the proper compensation for it. Property must be for public use The Landowner’s Bill of Rights indicates that the government can only take private property if it will benefit the ..read more

When you receive notice that the government wants to acquire your property through eminent domain, it can feel quite unsettling and upsetting. You have worked hard for your property; the thought of parting with it, especially involuntarily, seems unfair. Eminent domain is the government’s authority and power to seize your land from you, whether you like it or not. However, you have rights and remedies designed to protect your interests. You have the right to a fair assessment of your property’s value and to negotiate the compensation. To ensure that the compensation you receive is just, you mu ..read more

When you own property in Texas, you have certain rights that come with that ownership. But what happens when the government wants to use your land for something deemed to be in the public interest? You might find yourself in this situation if your property is in the path of a new highway, public utility or similar project. Eminent domain allows the government to acquire privately held land for public use, provided the owner receives just compensation. It is their power. Now, imagine you have received a notice that a private company is eyeing your property for a new project. It could be a pipel ..read more

Eminent domain can be a scary concept for a Texas landowner. The thought of a government entity or some other party being able to seize your property can be stressful, but it can happen. That’s why landowners must be aware of their rights when it comes to protecting their property. Awareness of what’s included in the Texas Landowner’s Bill of Rights can help you understand your options if you’re faced with the threat of eminent domain. What rights do you have? First, you should know that any entity exercising eminent domain is required to provide you with a copy of the Landowner’s Bill of Righ ..read more

When creating a power of attorney (POA), it is crucial to choose an individual who is trustworthy and capable of managing your affairs in your stead. Below are some considerations you should have before naming your POA agent. The agent’s characteristics When choosing the attorney-in-fact for your POA, your initial consideration should be whether they have the characteristics of an agent suitable to handle your affairs. These characteristics typically include the following: Trustworthiness and reliability: Trust is a vital element in a principal-agent relationship. It ensures that the principal ..read more

In Texas, understanding eminent domain is particularly relevant due to the state’s expansive infrastructure projects and continuous development. Eminent domain is the right of the government to seize private property. It is a legal concept that allows government entities to take private property or authorize a private entity to take the land for public use. However, landowners who must forfeit their property to authorized entities also have rights, the primary one being the right to just compensation. Fair compensation is the cornerstone of eminent domain law, enshrined in the Fifth Amendment ..read more