Can a city take part of you land if you don’t donate it to them for their use?

UPDATED: Sep 30, 2022

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Can a city take part of you land if you don’t donate it to them for their use?

We own a business on a very busy corner at center of town and the Big Rig Trucks have broken all the light poles by running over them because they say the intersection is too small. The Business 20 and Hwy 285 I thought belonged to the state. Time back the highway department told us we could not park on the side of our business because it was state property. Now the city wants to expand the intersection at the property owners expense. I have had a stoke and can no longer work, I am paralized on one side and have speech imparament.I can not afford to give away my childrens future business.
Can they take this section from me without my permission?

Asked on October 17, 2016 under Real Estate Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Any governmental entity can potentially take land under the concept of 'emminent domain.'  However, they have to provide you appropriate compensation for the 'taking.'  They do not get to simply take it and leave you empty handed.  They will not and are not required to pay you top dollar, but they must still provide you adequate compensation.  You really need to hire an attorney who has experience working with governmental entities to assist you.  They can help you negotiate the best possible deal for your future and for your children.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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