Texas Eminent Domain And Condemnation Lawyers: Protecting Your Property Rights

Eminent domain is the legal power that allows the government (and certain private entities such as utility companies) to take private property for public use. In Texas, the constant expansion of cities, roadways and pipelines often puts property owners in direct conflict with the state. Whether you are facing easement expansions or full property seizure, you need an experienced advocate on your side.

Since 1985, the eminent domain lawyers at Morgan Williamson LLP have been standing up for residential and commercial property owners. We believe you deserve a level playing field. Our goal is to make sure any agreement you sign respects your rights and provides the maximum benefit possible.

Need to speak with us? You can call our Amarillo office at 806-705-7546 or complete our contact form to get started.

“Our biggest concern was not getting fairly compensated during the condemnation. We didn’t feel we had the expertise to manage the process effectively. Tyler guided through the process and offered sage advice. Excellent communication. No surprises. Excellent advice based on experience. Tyler & his firm did a great job in representing our interests.”

— Roxie S.

Understanding Your Rights In Texas Condemnation Cases

A condemnation proceeding can cost you hundreds of thousands of dollars in lost property value if not handled correctly. It is vital that you know your rights and never accept less than your land is worth. Our team brings decades of experience to cases involving:

• Pipelines and power lines: Development by energy and utility companies
• Roadways and transportation: Highway expansions and government encroachment
• Inverse condemnation: When the government takes property without following formal procedures
• Regulatory takings: When government regulations deprive you of the use of your land

Our attorneys have represented clients in courts across the state. We understand how these entities operate, and we know how to build a customized strategy that puts your interests first.

Frequently Asked Questions

Navigating land rights law can be overwhelming. We have put together some of the most common questions our clients ask to help you understand what you are up against and how the process works in Texas.

What do ’eminent domain’ and ‘condemnation’ mean?

People often use the terms “condemnation” and “eminent domain” interchangeably, but there are some key differences. Essentially, “eminent domain” refers to the actual legal power to take private property, while “condemnation” is the process of doing so. If you have received a notice of condemnation from the government or other agency, we encourage you to contact us right away. Our eminent domain lawyers can advise on your next steps for protecting your rights and interests.

What entities have the power to take private property?

Typically, only the government has the power to seize private property. However, in addition to state agencies such as TxDOT having eminent domain power, the Texas government can also authorize private companies — in many cases, energy or utility companies — to exercise the power of eminent domain for infrastructure expansion such as electric transmission lines and pipelines. Our team includes experienced eminent domain law attorneys who can answer your questions if a utility company or other party is seeking to condemn your property.

What types of eminent domain projects are most common?

To use eminent domain, the intended project has to be for public benefit. Infrastructure expansions are the most common use of eminent domain and condemnation. Examples include expanding highways and roads, installing high-voltage electric transmission lines, laying pipelines for gas or water, building rail lines, creating parks or lakes, and building municipal infrastructure.

Do I have to accept the condemning authority’s first offer, or can I negotiate?

You can negotiate, and you do not have to accept the first offer. As our eminent domain lawyers will tell you, the first offer made by the government is often much too low to fairly compensate the property owner for their land. The government is hoping that you accept the initial offer without question, but you deserve fair compensation. Our eminent domain attorneys can negotiate on your behalf to ensure that you get the proper amount for your land based on current market value.

What is meant by ‘just’ or ‘adequate’ financial compensation?

You deserve market value for your property. An accurate valuation needs to be done to determine what the land would sell for on the open market. By law, you as a property owner are entitled to “just” and “adequate” compensation if the government chooses to take your land. You may also be entitled to remainder damages, relocation costs and other expenses. Just compensation essentially means that the government provides the same amount of financial compensation you would have received if you sold to a non-government, unrelated third party, including remainder damages, if any.

What is meant by ’highest and best use’ of my land?

This can be one of the most important factors in getting a fair price. In Texas, the government must compensate you based on your land’s most profitable potential use (subject to certain limitations), not just how you use it today. For example, if you own a farm that is now located next to a developing area, its ‘highest and best use’ might be as a commercial retail site. Since commercial land is worth much more than agricultural land, this distinction can significantly increase your payout. We work with professional appraisers to prove the true potential value of your property.

Am I entitled to ’remainder damages’ if they only take a portion of my property?

In many instances, yes. This is often called ‘severance damages.’ When the government takes only a piece of your land, the part you keep (the remainder) often loses value. This happens if the project leaves you with an odd-shaped lot, cuts off your access to a main road or bisects a tract of land. You are entitled to get compensation for both the land they took and the permanent loss in value to the land you have left.

What happens at the Special Commissioners’ Hearing?

If you and the government cannot agree on a price, the court appoints three local landowners (Special Commissioners) to hear the case. Think of this as a “mini-trial” both sides present evidence and expert testimony regarding the property’s value. The commissioners then issue an “award” which is their determination of what you should be paid. It is important to know that this is not your only shot at justice. If you believe the award is too low, you have a strictly limited window of time to file an objection and move the case to a formal trial before a judge and jury.