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_______________________________________________________________ Texas Eminent Domain
Lawyer (Getting Value for your Land)
Austin
Texas
real estate lawyer, Jason Coomer helps land owners with
eminent domain, condemnation, and expropriation matters.
He helps Texas landowners obtain full value for their
property when it is the subject of a public taking.
He commonly works with other Texas Eminent Domain Lawyers
including San Antonio Eminent Domain Lawyers,
Dallas Eminent Domain Lawyers, Houston Eminent Domain Lawyers, and
other Austin Eminent Domain Lawyers in providing representation
and advice on obtaining fair compensation from governmental
entities that are attempting to take property through
eminent domain.
If the State or another government entity
is attempting to take your private property and you need
assistance, you may need to contact a Texas eminent domain lawyer
to help you negotiate a fair value for your land.
Austin Texas property lawyer Jason Coomer provides
assistance to Texas property owners and real estate owners.
If you have eminent domain, private property, easement, or
real estate questions, feel free to
contact Austin
Texas property lawyer Jason Coomer via e-mail or
via our online contact form.
Constitutional Checks on Taking of Private Property
The Fifth Amendment to the United States
Constitution provides that private property shall not be
taken for public use, without just compensation. This
protection of against the taking private property by
governmental entities without just compensation creates two
important legal issues. 1) What is Public Use upon
which private property can be taken? and 2) What is just
compensation?
What is Public Use?
Eminent domain is the inherent power of
the state to seize a citizen's private property without the
owner's consent. The property can be taken either for
government use or by delegation to third parties who will
devote it to public use. The most common public uses
of property taken by eminent domain are public utilities,
highways, and railroads.
The U.S. Supreme Court has largely given
the "public use" requirement an expansive interpretation and
has allowed takings of private property for conveyance to
other private parties, or in some cases by private parties
directly, on the theory that the new owners will put the
taken land to more lucrative uses that are likely to
generate more tax revenues. This is known as public us based
on "economic redevelopment." It uses eminent domain to
enable acquire and then convey land to commercial
development or redevelopment to increase tax revenues. The
Supreme Court's decision in Kelo v. City of New London,
545 U.S. 469 (2005), allowed economic redevelopment takings
and has expanded the definition of "public use". These
economic redevelopment takings have been heavily publicized
in the media, but are now the law.
What is Just Compensation?
The protection of the Fifth Amendment
does not prevent a government entity from taking private
property, but forces the government to pay just compensation
for the property it takes. This issue is commonly
disputed in the Texas courts as many governments want to pay
as little as possible to take private land and most private
landowners want to obtain as much as they can for their
land.
Most courts have held the fair market
value of the condemned property to be the constitutionally
required "just compensation." Its determination is a
judicial question, and it is usually determined in a trial
by jury, on the basis of the parties' appraisal testimony.
In working with private landowners to prove up the value of
their land, it is important for their eminent domain lawyer
to work with them in obtaining a good expert for a land
appraisement.
Real Estate and Property Lawyer
As an Austin Texas real estate and
property law lawyer, Jason Coomer works
with private landowners, real estate investors, buyers, sellers, and other individuals to
obtain fair compensation for any taking of their property as
well as to
set up real estate development deals and
resolve commercial real estate disputes. He also works
with other Texas Real Estate Lawyers in handling large
commercial real estate litigation. In working with
other Texas real estate lawyers, Austin property law attorney
Jason Coomer works hard to provide legal advice and good
counsel on takings of residential property, takings of
commercial property, commercial real estate development projects,
commercial real estate negotiations, and commercial real
estate litigation. He is
familiar with a wide variety of
Real Estate Law,
Commercial
Law, Business Law, Computer Law, Property Law, and other
complex
legal issues.
The Law Offices of Jason S. Coomer, P.L.L.C. helps
individuals and businesses prove fair market value in
eminent domain and public taking proceedings. He helps
his clients protect
assets and negotiate fair compensation for their property. He
also works on complex
litigation issues including real estate deals gone bad, dissolution of
partnerships, real estate development project profit
disputes, domain disputes, trademark and copyright
infringement, breach of contracts, damages from computer software and hardware defects,
anti-trust claims, shareholder actions, business disputes, trade secret disputes,
franchise contracts, free speech issues, jurisdictional
disputes, and liability issues.
If you need an Austin Texas real estate lawyer or an
Austin Texas Property attorney to advise you on an eminent
domain proceeding, forced easement, or other public taking,
feel free to
contact Austin
Texas property lawyer and eminent domain lawyer Jason Coomer.
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