Eminent Domain
The laws of eminent domain are designed to put the rights of the majority and goals for serving their better good over the individual property rights of another. Eminent domain law also ensures adequate compensation to the parties who are affected by the seizure of property that is being infringed upon or taken. Many people in America are surprised to learn about eminent domain laws.
Examples of the use of eminent domain by a public entity would be the siting of a new pipeline that cuts across your back yard or neighborhood for bringing oil or natural gas from a new production site to a refinery or power plant, or the siting of power lines and required easements along your country road, cutting into your front yard or even the seizure of property for purposes of redevelopment or public safety.
Public utilities, highways and railroads are the most common entities involved in the law of eminent domain. Property owners are never happy about having their property in-fringed upon by power easements or having a 40 foot oil rig dropped into their backyard. That’s why the adequate compensation piece of eminent domain law is so important. Eminent Domain Law is a fascinating area, and this section offers recent writings cover-ing the range of issues within the topic.
Dallas Real Estate Law Firms and Eviction Proceedings
Eviction is when individuals, usually tenants, are removed from dwelling places due to the non-fulfillment of some part of their lease agreements or dwelling contracts.
What exactly are eviction proceedings like in Texas? And how can a Texas real estate law firm help you if you find it necessary to initiate such an action? These are questions that need to be asked.
Dallas real estate law firms help with each step
If you do need to evict a tenant for violation of a lease agreement, dwelling contract or other reason, you must do so using the proper legal procedures. You do not want to be accused of cruelly forcing someone out on the street, when all that you are really attempting to do is regain rightful control of your property. The appropriate way to start an eviction is as follows:
- Give your tenant written notice that he or she must vacate the property. Although, technically, you are allowed to give verbal notice, it is highly recommended that you obtain proof that a notice was served. This typically involves telling the tenant to vacate in writing, either in the presence of a witness, using certified mail, or by hiring a professional courier. Unless the tenant signed a lease stating otherwise, a landlord must wait three days after the notice is delivered before he or she can file an eviction petition with the local court.
- File the petition for eviction. The Eviction Form for Texas, which can be obtained at the local county courthouse, is the document that you need in order to begin a legal action. Be sure to complete and file it in the county and precinct in which the property is located. One of the county clerks should be called upon to act as a witness to its signing--or better yet, to notarize the signature. You will have to pay court costs that cover such things as filing the petition, holding a hearing, and serving a citation to the tenant indicating that eviction proceedings have begun.
Texas real estate litigation
It may be necessary to retain the services of a Dallas real estate attorney that specializes in real estate contracts if your tenant fails to cooperate with the eviction proceedings. A skilled lawyer can help protect your best interests in the following ways:
- Attending the hearing. An eviction hearing will be held after you file the original petition. This is where a judge hears evidence as to why removing the tenant is necessary and legal. You can bring witnesses, and present documents and other pieces of evidence that help to bolster your case. Unfortunately, the tenant can do the same. That is why it is recommended that you have a lawyer present who can explain things to the judge in an efficient and convincing manner.
- Launching an appeal. If the results of the hearing prove unfavorable to you, an appeal may be needed. This is another way in which an attorney can help you. It is important to note that, in Texas, you have only five days after the original verdict to appeal the decision of the court.
Contact us about Dallas real estate law today
We offer outstanding results at exceptional rates, no matter what your issue is in terms of real estate law in Dallas. To schedule an appointment with a Dallas real estate contract attorney, contact Sprouse Shrader Smith P.C., at (888) 364-0658 today.
Commercial vs. Residential Real Estate
Commercial vs. Residential Real Estate Contracts
If you are considering buying property for your business, you may be surprised to discover just how different the process is - from purchasing a home for personal use.  Specifically, the contracts used in commercial real estate are very unlike those used in residential real estate.
Following are a few common distinctions between the two types of contracts:
- A commercial real estate contract should ensure that the intended purpose of the property is permitted under local zoning ordinances.  Generally, zoning ordinances do not come up in residential real estate contracts, unless the buyer intends to make specific renovations to the property, or use it for a business purpose.  In a commercial enterprise, however, it is typical for the buyer to use the property for a completely different type of business than the seller.  If you plan on purchasing a property, make sure that it is stated in your contract that the property is, or can be, zoned for your particular business purpose.
- Commercial real estate contracts can include options.  An option refers to the right of a seller to allow the buyer to purchase real estate within a certain timeframe.  The seller can offer to pay the buyer an option fee in exchange for the privilege of being the sole buyer of the property within that timeframe.  As long as the option exists, the property cannot be sold to another buyer.  Sometimes, it can be negotiated that all or part of the option fee is applied toward the purchase. It can also be forfeited to the seller if the potential buyer decides not to purchase.
- Less protection, but more flexibility, is offered in a commercial lease than in a residential one.  State and local laws are often designed to protect tenants by ensuring that landlords meet certain basic requirements in the living conditions of a building.  However, since commercial leases are viewed as contracts between two informed business people, the government feels less protection is needed from the lessor.  Instead of offering as much protection, many more terms of a commercial lease can be negotiated than in a residential lease.
Contact an experienced Tampa Attorney for help with your real estate legal matters.
Understanding Real Estate Laws in Saint Louis
Real estate law consists of both federal and state laws and the state-level rules vary from state to state. State and federal laws encompass everything from ownership of land and buildings to related issues such as zoning, leasing, construction, taxes, and Saint Louis eminent domain laws. With our knowledgeable and experienced real estate attorneys The Gilroy Law Firm can protect your interests in both routine and intricate transactions.
In Saint Louis and St. Clair County, state laws address a wide variety of issues associated with financing, developing, constructing, buying, leasing and selling commercial and residential property. With real estate, many aspects of the law are more complex than with other industries. A qualified real estate attorney can facilitate all of the tricky decisions and negotiations involved in real estate transactions. The Gilroy Law Firm understands the complexity of real estate law, and we have a reputation for quality in the Saint Louis area.
We practice: Litigation, easement in St Clair county, contracts, real estate closings in Saint Louis, please contact our lawyers.
The Gilroy Law Firm
231 S. Bemiston Avenue, Suite 800
Saint Louis, MO 63105
GilroyLaw.Net
The Gilroy Law Firm – Profile
Practice Areas: Eminent Domain; Saint Louis Real Estate; Commercial Litigation; Mediation; Arbitration
Admitted: 1984, Missouri; 1985, Illinois
Law School: St. Louis University, J.D.
Our Saint Louis based lawyers can advise you on residential, commercial or industrial property disputes. We can help you with every stage in the process, from understanding Saint Louis eminent domain rights to mediation, our attorneys can help you identify the practical and legal problems that your case will involve. At the same time, we can advise you as to your rights and responsibilities with respect to issues that your case can present. The lawyers at the Gilroy Law Firm have a deep understanding of procedures and the practical case experience that will help you know your rights. Our attorneys can help you strategize and select the most effective approach in your case to achieve the desired outcome.
The Gilroy Law Firm
231 S. Bemiston Avenue, Suite 800
Saint Louis, MO 63105 U.S.A.
866-779-2809
