What is the Fair Value for Your Property?
Just and Fair Compensation for Your Property
Condemnation actions by the federal government employ a different formula in partial taking cases than that used in Condemnation actions under authority of the Texas Constitution and Property Code. Feel free to contact us directly by telephone if you are faced with a federal condemnation issue.
The Texas formulas are set out below:
The Texas Constitution requires that an owner be compensated for any land that is taken and separately compensated for any damage to the owners' remaining land, that is not offset by a specific enhancement. The precise formula varies somewhat depending upon the rights that the Condemnor seeks to acquire.
Condemnation "damage" is typically measured by reduction in the market value. A body of Appellate opinions are typically cited to limit elements of damage that a jury may consider in any condemnation case, even though the reduction in the market value is recognized.
Generally, the property owner or tenant will not be compensated for loss of business profits, even when both sides agree that business loss occurs due to construction inconvenience or condemnation blight. A property owner may lose a portion of their access to a highway or lose visibility, but will be uncompensated unless their situation fits within the guidelines that can be drawn from applicable Appellate cases. Often, the dispute between the Condemnor and the property owner boils down to determining whether one, or another, line of Appellate cases is applicable in their specific situation.