Law Office of Matt Hurt, PLLC Legal Blog

Understanding Your Rights When Fighting Eminent Domain When asking "can you fight eminent domain," the first step is understanding your constitutional rights as a property owner. While government entities have eminent domain power, you have the Fifth Amendment right to just compensation and due process. In Texas, the state constitution…

The Process of Refusal: What Happens When You Say No to Eminent Domain When the government makes an offer for your property, you're not required to accept it. Understanding what happens after you refuse is critical to protecting your rights and maximizing compensation. What Happens After You Say No Refusing…

Eminent Domain Compensation in Texas The Concept of Just Compensation What 'Just Compensation' Really Means Just compensation is a constitutional guarantee under both the Fifth Amendment and Article I, Section 17 of the Texas Constitution. In legal terms, it means you must receive the fair market value of property taken,…

Eminent Domain Abuse in Texas Defining Eminent Domain Abuse What Abuse Looks Like in Texas Eminent domain abuse occurs when condemning authorities misuse their power for purposes that don't truly serve the public interest or employ tactics depriving property owners of constitutional rights. Common forms of abuse in Texas include:…

When Can Eminent Domain Be Used in Texas The Legal Basis for Eminent Domain The Constitutional Foundation Eminent domain derives from the Fifth Amendment and Article I, Section 17 of the Texas Constitution. The Fifth Amendment requires that private property taken for public use receives just compensation. Texas Constitution provides…

Can Eminent Domain Be Used for Private Use Understanding Public vs. Private Use The Purpose of Public Use Requirement The "public use" requirement in the Fifth Amendment and Texas Constitution prevents government from transferring property from one private party to another. The Founding Fathers recognized unlimited eminent domain power could…

What Is Eminent Domain in Simple Terms Explaining Eminent Domain Clearly The Basic Definition Eminent domain is the government's power to take private property for public use, even if the owner doesn't want to sell. This power exists in the Fifth Amendment to the U.S. Constitution and Article I, Section…

What Is Eminent Domain in Real Estate The Real Estate Context of Eminent Domain How Eminent Domain Impacts Homeowners Eminent domain dramatically affects homeowners, who face losing not just property but often their family homes, neighborhoods, and communities. Texas homeowners confronting condemnation experience forced displacement, emotional distress, and financial uncertainty.…

Who Benefits from Eminent Domain The Stated Purpose of Eminent Domain Serving the Public Good Eminent domain's stated purpose is serving the public good by enabling projects that benefit society but require specific land that can't be assembled through voluntary purchases alone. The Fifth Amendment and Texas Constitution authorize government…

What Property Is Exempt from Eminent Domain in Texas Understanding Property Rights and Eminent Domain What Eminent Domain Means for Texas Landowners Eminent domain gives government and certain entities power to take private property for public use with compensation, fundamentally affecting property ownership in Texas. While you hold deed and…