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Zoning & Land Use LawTransportation Law Attorney
When you buy property, you never think that the government will come after it. No matter how you are using your land, whether you live on it or use it as a business, you have rights. Our attorneys are here to represent you and your best interests. For over 30 years, we have handled the most difficult cases. It is not fair for someone to come and take what is yours. We can answer all your questions, listen to your concerns and come up with the best possible solution. Act now before it is too late.
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Frequently Asked Questions About McFarland PLLC
What is the difference between eminent domain and condemnation?
Eminent domain is the right of the government – or a private party acting under government authority – to take land for public use. Condemnation refers to the process of taking a landowner’s property. A statutory condemnation case is initiated by the condemning entity. An inverse condemnation case must be filed by the landowner.
Are there any alternatives to eminent domain in Texas?
Depending on the project, government entities might be able to move forward with their projects without taking certain properties. These alternatives include:
1. Negotiated sale: The government can attempt to purchase the property through voluntary negotiations.
2. Exchange properties: The government might exchange the desired property for another government-owned property.
3. Easements or partial takings: Instead of taking full ownership of the property, the government may seek limited rights to use a portion of that property.
4. Redesigning projects: In some cases, the government might modify plans to avoid taking certain properties.
Can I challenge an eminent domain claim on my property in Texas?
Yes, you can fight against the government taking your property in Texas. As a property owner, you have the right to challenge the government’s reasons for taking your land. You also have the right to challenge whether it has made a fair offer for your property. However, it can be difficult to win these fights unless there are clear legal problems with the government’s claim. An attorney’s guidance can help you determine the best way to protect your rights.
What are my rights as a property owner facing condemnation in Texas?
If the government wants to take your property in Texas, you have rights. They are as follows:
1. The government must notify you that it wants to take your property.
2. The government must provide you with a fair offer, and you can hire an appraiser to determine a fair price for your property.
3. You can challenge the government’s right to take your property.
4. You can have a special commission decide how much compensation you should receive for your property.
5. If you do not like what the special commission decides, you have the right to a trial.
6. If the government does not make progress toward using your property in 10 years, you can buy it back.
7. Because the specific circumstances of each case can vary, you may want to seek the guidance of a lawyer to understand your rights.
What is inverse condemnation?
Inverse condemnation happens when the government takes or damages private property without taking the appropriate steps. This can happen when the government takes possession of the property without purchasing it, damages the property or makes changes that leave owners unable to use their property. In these cases, property owners can go to court to receive fair compensation for their property or the damage they have suffered.
What legal services does McFarland PLLC specialize in?
McFarland PLLC specializes in Eminent Domain and Condemnation Law, as well as Zoning and Land Use Law and Transportation Law.
Where is McFarland PLLC located?
McFarland PLLC is located at 811 Louisiana Street, Suite 2520, Houston, TX 77002, USA.
What are the office hours of McFarland PLLC?
The office is open Monday through Friday from 8:30 AM to 5:00 PM and closed on Saturday and Sunday.
How can I contact McFarland PLLC?
You can contact McFarland PLLC by phone at +1 713-325-9700 or email at cmcfarland@mcfarlandpllc.com.
What payment options does McFarland PLLC accept?
They accept payment by cash, check, and invoice.
How can I schedule a consultation with McFarland PLLC?
You can schedule a consultation by visiting their contact page at https://www.mcfarlandpllc.com/contact/.
What nearby coffee shops are close to McFarland PLLC?
Nearby coffee shops include Starbucks and Kolache Factory, great places to grab a coffee before or after your visit.
Are there any nearby restaurants near McFarland PLLC for a meal?
Yes, nearby dining options include Treebeards Restaurants, Daily Juice Cafe, and 5411 Empanadas, offering a variety of meal choices for visitors.
What notable landmarks are near McFarland PLLC?
One Shell Plaza Tower, a landmark and event venue, is located nearby and can be interesting to visit when in the area.
How can nearby financial services assist McFarland PLLC clients?
Nearby banks such as Comerica Bank and Prosperity Bank can help clients with financial services related to their legal matters.