Pro-Tanto payments are often small compared to the amount the courts ultimately award to the owners of convicted property, so if the owner feels that the amount offered does not adequately reflect the value, they can take the matter to court. Convicted owners can also challenge the legality of the seizure itself and take legal action to obtain the right to retain the property, provided they can prove that the seizure is not in the public interest. There are several actions a landowner can take before their property is condemned. One of the most important of these measures is to seek the advice of a lawyer experienced in handling conviction cases. Actions taken before the property is condemned may aid or hinder the subsequent conviction case and may not accurately reflect the actual facts regarding the property and its highest and best use. This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended and should not be construed as legal advice. If the sentencing authority cannot convince you to sell the property voluntarily, they will file an application with the competent court to repossess your property. Your compensation will ultimately be determined in accordance with the Sentencing Act and the procedure applicable in this court. In many cases, the court appoints a jury and conducts a trial to determine the amount of compensation. Although the two terms are sometimes used interchangeably, there is a subtle difference. The eminent domain grants a government the right to take possession of property.

Condemnation is the true act of winning. For landowners facing a potential property conviction or significant estate issues, the right approach requires understanding the options available. Read on for a list of the most frequently asked questions by our respected litigation lawyers in sentencing situations. Special Commissioners will make a sentence on the basis of the information submitted to them (usually only information from the sentencing authority) and this sentence will be submitted to the court. Once this amount has been paid to the court registry, the government has the right to take possession of the property. If a lawyer has not yet been consulted, it is important to have a competent Texas attorney at this time. There are very critical delays that result from all the different stages of conviction cases, and if you don`t have an experienced and reputable lawyer and miss one of these critical deadlines, you could be prevented from claiming fair compensation. As a renowned Texas law firm, Dawson & Sodd has helped many landowners protect their rights in sentencing cases. For example, we represented a landowner in a case where TxDOT condemned 28 acres for a resting area along I-35 in central Texas, destroying access to valuable groundwater beneath the area. The agency made an offer of only $389,323. The case resulted in a jury verdict for the landowner.

The state of Texas appealed the verdict, but eventually agreed to settle for the amount of the jury`s verdict before the appeal decision was made. The net recovery to the landowner in this case was $3.14 million. Power line and pipeline projects are also good examples that involve condemnation. The government gets an easement that gives them propertyless rights to install and maintain pipelines or power lines on your property. A contract is made for a deed with the original owner, who retains ownership. V&E is well suited to deal with important domain and land use issues of any size. With eight national offices, we are able to support landowners facing condemnation and land use issues across a wide geographic area. We are able to draw almost immediately on the experience and knowledge of the firm`s many other practice groups (e.g. environment, energy, economics, corporate finance and tax) to meet our clients` needs in their conviction or reverse conviction cases. Step 2: A hearing of Special Commissioners. If the landowner accepts what is offered for their property, the agreement is sealed and the government can proceed.

If this is not the case, and negotiations have failed, the process proceeds to a hearing of the special commissioners. An application for conviction is filed with the court of the district where the property is located. Our lawyers have handled hundreds of conviction cases and have extensive experience in presenting property compensation issues concisely and persuasively, whether at the administrative, mediation or court stage of a conviction, reverse conviction or settlement case. In addition, we are able to advise clients on the appropriate strategy for their case in order to obtain fair remuneration while minimizing costs and risks. We have extensive experience litigating in state and federal courts. When a conviction case must be resolved by a jury, the many years of experience we bring are essential to evaluate the case and recognize the right course of action to achieve a fair and equitable compensation outcome. Property owners who receive warrants of conviction have two different options. Those who win contracts for health and safety reasons must remedy the situation to bring their properties up to date. Other people who disagree (with a health and safety order or an important domain claim) can take legal action against it. Only the government has the ultimate power of the pre-eminent domain, but some government agencies may delegate this power.

This means that in some cases, private companies may have the right to have your property condemned. However, not all condemned property is real estate. Funds have been the subject of a prominent domain, and some legal scholars argue that governments could even seize intellectual property by condemnation. The simplest examples of condemnation of eminent domain are land and buildings that governments can seize to make way for a public project, such as a highway, or private projects that are supposed to serve the public good.