Hiring An Eminent Domain Attorney In Texas: 5 Mistakes To Avoid

If you own any kind of property in Texas, then you know how valuable it can be. And, I am talking both financially and personally. Perhaps you have become quite emotionally attached to the house you grew up in. And now the government wants to take it for public use.

Or, you have had plans with a certain plot of land, and the same thing is happening right now, completely ruining those plans for you.

The worst part is that they have the right to do this under eminent domain. This means that you cannot exactly refuse to give up the property or the land. However, that doesn’t mean you cannot fight the decision.

In short, you can fight it legally. You can fight it to get a fairer compensation if you are not happy with the first offer. And that is often the case for most people.

Of course, to be able to fight it successfully, you will need to work with a great eminent domain attorney. They will take your side and protect your rights along the way, while also ensuring that you get the compensation you deserve.

Working with experts is, without a doubt, an absolute must here, so you shouldn’t second-guess your decision to hire a Texas eminent domain lawyer.

How To Choose The Right Texas Eminent Domain Lawyer?

“Courts broadly interpret the Fifth Amendment to allow the government to seize property if doing so will increase the general public welfare,” according to Cornell’s Legal Information Institute.

Now, while you understand the importance of hiring the right legal expert in Texas to fight for you, the truth is that you may not be quite sure that you know how to do that correctly.

To put it differently, you may be a bit worried about making some wrong steps along the way. However, some mistakes could result in you not hiring the right people for the job. This is, naturally, a legitimate concern. And it is no wonder that you are worried about something like this.

The good thing is that being worried means you will do your best to avoid those mistakes. And, to be able to avoid them, you first have to learn about them, clearly. And that’s precisely what we are going to help you out with today.

In a few words, below we list some of the most common mistakes people make when hiring a Texas eminent domain lawyer, and your task is to remember them and do your best not to repeat them in your hiring process.

1. Assuming All Attorneys Are The Same

The absolutely worst thing you can do here is assume that all attorneys are the same. This will result in you hiring someone in Texas randomly and expecting to get great results, nevertheless.

And, clearly, it can also result in you hiring the wrong person and not being happy with the outcomes, which is definitely not what you want.

So, don’t assume that they are all the same, and instead take your time to research more pros in detail before deciding on anything.

2. Not Checking Their Qualifications And Experience

Moving on, while you may remember that research is necessary, you may not know exactly what it is that you have to check. Thus, you could wind up failing to check the qualifications and the experience level of the professionals you are considering. That is, naturally, not the best idea.

Instead, thus, always remember to check the qualifications of the attorney you are researching in Texas, as well as their experience, and don’t ever decide based on the “vibe” or something as vague as that.

3. Not Checking Track Record

Additionally, you should never forget to check the track record, either. Meaning what exactly? Meaning that you want to check how often specific attorneys in Texas have worked on cases similar to yours. And how often there have been good outcomes.

This will give you a better idea about what to actually expect from the ones you are thinking of hiring in terms of the quality of their services.

4. Ignoring Reputation

Ignoring reputation is, without a doubt, another crucial mistake that you should absolutely avoid making. After all, attorneys build their reputation based on the quality of the services they offer and the track record I have mentioned above. And, if you read some reviews and find out that most past clients are complaining, that should undoubtedly be a red flag.

5. Choosing Based On The Fees

Here is one final thing to know. You should never make your choice based on the fees charged by the eminent domain attorneys you are considering in Texas.

Those can be different from one professional to another. Yet the main thing is for you to choose a reliable, trusted professional with extensive experience in this field, so the fees are secondary.

What Is The Cost Of Hiring A Texas Eminent Domain Lawyer?

Generally,​‍​‌‍​‍‌​‍​‌‍​‍‌ when hiring a Texas eminent domain lawyer, you have different options regarding your fees. If you want to maximize your compensation, you will usually have contingency fees, or if you want to just oppose the taking of your property, you will be charged hourly.

The complexity and the objectives of your case will always determine your precise expenditure. Some of the common fee structures that you need to know are as follows:

Contingency Fees:

This is the most typical arrangement for cases focused on increasing the compensation for one’s property. In such a model, the Texas eminent domain lawyer gets a percentage of the compensation amount that is already determined.

Normally, that percentage is about one-third (33%) of the extra recovery. Such a system enables landowners to hire attorneys without any initial costs. This is because the attorney is only paid if they manage to get more money for the client.

Hourly Rates:

Secondly, there’s the model of hourly rates. This is the model that lawyers use when the intention is to demonstrate that the government does not have the legal right to take the property, which is a less frequent scenario, as courts usually uphold this power.

The hourly general real estate attorney rates in Texas may be from $150 to $400 or even more per hour. And it is dependent on the lawyer’s experience and the complexity of the case.

Flat Fees:

Some lawyers may provide flat fees for the execution of simple, routine tasks, but in most cases, it is difficult to come up with a flat fee for the negotiations or the litigation regarding the eminent domain that is ​‍​‌‍​‍‌​‍​‌‍​‍‌complicated.