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County is constructing a road parallel to my property, how…

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Harris County is constructing a...
Harris County is constructing a road parallel to my property, how much easement can they take from my land and If they take part of my land, how do I get paid for the land that they have taken
Submitted: 2 years ago.Category: Real Estate Law
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3/1/2016
Real Estate Lawyer: KLAW, Arbitrator replied 2 years ago
KLAW
KLAW, Arbitrator
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Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

The process of a county taking land for a highway is called eminent domain process can only be stopped if the proposed taking does not meet the requirements for public purpose or public necessity. Courts have ruled in every federal court and state court, that taking of land for a road is a public necessity.

Compensation is determined by the highest and best use laws for your property. Courts have held that there are generally three types of recognized public uses or necessity. (1) "public necessity of the extreme sort otherwise impracticable," which includes things like "highways, railroads, canals, and other instrumentalities of commerce", (2) "when the private entity remains accountable to the public in its use of that property," and (3) "property selected on the basis of ‘facts of independent public significance,’" which looks at the rationale for the taking; for example, blight removal is meant to "remove unfit housing and thereby advance public health and safety."

In your case the building of a road is a public necessity under number (1) above, and the land is considered an instrument of commerce. The state will condemn the land to facilitate the taking of the parcel, but they must pay you the highest and best use value of the property. The determination of value is based upon a real estate appraisal, and then if you agree, the county writes you a check at the settlement and transfer. If you disagree with their offer, you can file action in court to have a judge determine the best price of the land. For that you would need an attorney.

I hope this helped with your question.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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