Asked Questions

Information is Power

When you have questions about eminent domain, The Law Offices of Jones & Westrom is your source for reliable, legal answers. We believe in providing clear information so you feel equipped and empowered going into your case. Below are the most commonly asked questions we receive. If you have additional questions, feel free to reach out.

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What is eminent domain?

Eminent domain is the government's legal authority to take private property for public use, provided that the property owner receives just compensation.

What constitutes "public use" in eminent domain cases?

Public use can encompass various purposes, such as building public infrastructure (roads, schools, parks), economic development projects, and utilities. Courts often interpret this broadly, but there are limitations.

How is "just compensation" determined?

Just compensation is typically based on the fair market value of the property being taken. Appraisals and negotiations between the property owner and the government are common methods for determining this value.

Can the government take my property without my consent?

Yes, but they must follow legal procedures and provide just compensation. Property owners have the right to challenge the government's actions in court.

Can eminent domain be used by private companies or developers?

In some cases, private entities can exercise eminent domain powers if authorized by state law for specific purposes. However, the taking must still be for a public use, and the property owner is entitled to just compensation.

Are there any limitations or restrictions on eminent domain?

Yes, the "Takings Clause" of the Fifth Amendment to the U.S. Constitution sets limits on eminent domain. State laws can also impose additional restrictions or requirements.

Can I negotiate for a better compensation offer?

Yes, property owners have the right to negotiate with the government for a better compensation offer. It's often beneficial to consult with legal experts during this process.

What recourse do property owners have if they believe their rights were violated in an eminent domain case?

Property owners can challenge the government's actions in court, arguing that the taking was not for a legitimate public use, or that just compensation was not provided. Legal counsel can help navigate this process.

We’re Here to Help!

Eminent domain laws can vary from one jurisdiction to another, so it's essential to consult with legal professionals familiar with the specific laws in your area if you have concerns or questions about an eminent domain case. 


If you or someone you love has been impacted by an eminent domain issue in North Texas, contact us for a free consultation.

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