Legal Question in Real Estate Law in Texas

Eminent Domain

A subdivision is planned for property adjacent to ours. The plans have lots completely filling the the land up to the property line. Now the city wants an easement for water drainage and a sanitary sewer on our side of the property line vs on the subdivision side. Our property is currently outside the city limits. There is no physical advantage for the easement to be taken out of ours vs. the subdivision. If anything it is easier to build on the subdivision side but they would have to give up a few lots. This easement appears to be purely for convenience and the influence of the developer's financials. Do we have a chance to force the easement to stay on the subdivision side?


Asked on 6/28/01, 5:50 pm

1 Answer from Attorneys

Re: Eminent Domain

I would have to see exactly what sort of notice you received. You may have some additional rights available to you, depending on what exactly is going on, and which arm of the government is procuring the condemnation. Has there been a public hearing or other administrative hearing on the matter already?

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Answered on 7/02/01, 1:48 pm


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