Eminent Domain & Condemnation

Don’t let the Government take your land.

Fight for your property rights.

EMINENT DOMAIN

AND CONDEMNATION

If your property rights are at risk due to a condemnation threat from the government or a utility company, it’s essential to seek legal assistance to protect your interests. The party seeking to condemn your property may have a team of lawyers, landmen, and other professionals working on their behalf, which is why you need an experienced lawyer to help level the playing field.

At the Morgan Williamson law firm, we have a deep understanding of the complexities of property rights issues, and we can assist you in navigating the condemnation process. As a landowner, you have options available to you, and we’ll help you explore them.

The law ensures that you are entitled to fair compensation for the taking of your property, and we can help ensure that you receive the compensation you deserve.

Our team has extensive experience dealing with condemnation cases throughout Texas, and we have helped hundreds of landowners receive fair compensation from condemning authorities. We can provide legal assistance during the condemnation process, often at no upfront cost to you.

The earlier you seek counsel, the better your chances of achieving a satisfying conclusion. So don’t go at it alone. Let us help you fight back and protect your property rights. Contact us today to schedule a consultation and learn more about how we can assist you.

JUST COMPENSATION

When electric companies take landowners’ property, Texas law requires them to provide “just compensation”. However, the utility company’s idea of fair compensation may be very different from yours. They may undervalue your property and ignore the damage lines can do to the rest of your land. The easement they create will be permanent, yet you will only receive compensation once.

Don’t accept their initial offer.

Our skilled attorneys can help you evaluate their offer and make sure you receive a fair deal. Let us assist you in protecting your property rights and obtaining the compensation that is rightfully yours.

EASEMENT TERMS

Utility companies often offer easements that grant them more rights than they have the power to condemn. These easements may include the right to place multiple lines or communication lines on the easement and to access the landowner’s adjacent property without limits. Unfortunately, such easements often lack important protections for the landowners. You’ll have one opportunity to negotiate the terms of your easement, but we can help.

Our team can assist you in navigating the complex and unclear language of easement terms and legal matters, ensuring the ongoing protection of you and your property throughout the duration of the easement.

Get the

compensation

you deserve for

the taking of

your property

rights.

Register for the whitepaper on

the legal process and issues of

property condemnation.

Don’t negotiate or sign anything before seeing our informative past city hall meetings. Get in touch with us for a free consultation and protect your property rights today.

We recognize the significant impact Eminent Domain can have on individuals and businesses.

WITH OUR EXPERIENCED ATTORNEYS, WE NAVIGATE THE INTRICATE ASPECTS OF THIS PRACTICE AREA AND ADVOCATE FOR YOUR BEST INTERESTS AT EVERY STAGE OF THE PROCESS

Consultation & Case Evaluation

We offer personalized consultations to assess the unique circumstances of each case. During this initial phase, our attorneys will review the details of your situation, evaluate the condemnor’s actions, and provide expert legal guidance tailored to your specific needs.

Negotiation & Valuation

Our legal team has extensive experience in negotiating with condemning authorities to ensure that property owners receive fair compensation for their land. We work diligently to assess the true value of the property and engage in strategic negotiations to secure the best possible outcome for our clients.

Litigation & Trial Representation

In cases where negotiations fail to yield a satisfactory resolution, our skilled litigators are prepared to take your case to court. We will advocate for your rights in the courtroom, leveraging our legal expertise, persuasive arguments, and evidence to present a strong case on your behalf.

Appellate Advocacy

If a verdict is unfavorable or the compensation awarded is inadequate, our appellate attorneys have the knowledge and experience to handle the complexities of eminent domain appeals. We will meticulously review the trial record, identify legal errors, and present compelling arguments to the appellate court to seek a favorable outcome.

Frequently Asked Questions

WHAT DO THE TERMS "EMINENT DOMAIN" AND "CONDEMNATION" MEAN?

Eminent domain is the power of the government, and certain private entities authorized by the government (e.g., utility companies), to take private property for public use. Condemnation is the action by the entity with eminent domain power to take private property and transfer ownership via a condemnation lawsuit.

HOW WILL I BE CONTACTED IF MY PROPERTY IS BEING CONDEMNED?

Typically, condemning entities hire right-of-way acquisition firms consisting of landmen/right-of-way agents to make initial contact with landowners and try to acquire the necessary rights-of-way voluntarily. The first contact landowners receive is normally a letter from one of these landmen/right-of-way agents introducing their company and the project

WHY DOES THE CONDEMNING ENTITY WANT ACCESS TO MY PROPERTY, AND DO I HAVE TO ALLOW ACCESS?

Condemning entities have the right to access private property for limited purposes. They are permitted to conduct surveys and limited environmental assessments. However, sometimes condemning entities seek to conduct additional activities and you do have rights to limit such activities. You should consider talking with an experienced eminent domain attorney before signing any right of entry agreement.

DO I HAVE TO RESPOND TO THE CONDEMNING ENTITY'S INITIAL OFFER LETTER?

No. You are not required to respond to the initial offer letter. The condemning entity must send you at least one more offer, called the “final offer letter,” before they can file their condemnation lawsuit. We recommend you speak with a qualified eminent domain attorney before responding to any communication from the condemning entity to ensure that you don’t say something that could hurt your case later.

DO I HAVE TO RESPOND TO THE CONDEMNING ENTITY'S FINAL OFFER LETTER?

If you do not accept the final offer and a settlement is not reached, the condemning entity will likely move forward with filing a condemnation lawsuit. Once the lawsuit is filed, the judge will appoint three Special Commissioners. These Special Commissioners will then schedule a hearing for you and you must be served with notice of this hearing at least twenty days prior to the date of the hearing.

WHO ARE SPECIAL COMMISSIONERS?

The Special Commissioners are simply landowners residing in the county where the property is located. These Special Commissioners are not elected officials, nor do they serve any other purpose except for determining just compensation in your case. Many times, these Special Commissioners handle multiple cases on the same project.

DO THE SPECIAL COMMISSIONERS MAKE THE FINAL DECISION?

No. If any party does not like the Special Commissioners’ decision, they may object in a timely manner and the case will then be set for trial in the court where the lawsuit was filed and proceed just like any other civil lawsuit.

HOW IS "JUST COMPENSATION" CALCULATED?

According to Texas law, the landowner is entitled to be compensated for the part of the property that is taken, plus damages to the remainder of the property. However, there are many specific rules regarding which types of damages are compensable, and you will want to consult an experienced eminent domain attorney to discuss the specific facts of your situation.

DO TENANTS AND LENDERS HAVE RIGHTS IN THE CONDEMNATION?

Typically, the lease with your tenant will control as to whether the tenant is entitled to any portion of the condemnation proceeds. However, if the lease is silent as to this issue or you do not have a written lease agreement, Texas law utilizes the undivided fee rule which states that all parties with a property interest in the property (e.g., owner, tenant, lender, etc.) are named in the lawsuit and the proceeds are divided among those parties. The parties are left to themselves to determine the allocation.
Normally, any lender with a recorded lien will be named as a party to the lawsuit and will have rights to some or all of the condemnation proceeds pursuant to the terms of their loan documents.

WHAT IS RELOCATION ASSISTANCE?

We see relocation assistance primarily in cases involving TxDOT where individuals or businesses (including tenants) are displaced due to the State’s project. Funds received from the State’s relocation assistance program are separate and apart from the just compensation required to be paid to the landowner for the taking of the landowner’s property. However, the two types of payment/compensation are interrelated in some regards, and it is important for landowners with relocation issues to consult an experienced eminent domain attorney early on to make sure and maximize their benefits.

WHAT TYPE OF EXPERTS WILL I NEED?

Depending on the size of your case and the potential amount of controversy, you may or may not need an expert. However, the typical experts in a condemnation case consist of appraisers and land planners. Additional experts may be useful in more complex cases. If your case does require an expert, it is vitally important to choose the right one(s). You’ll want someone who is not only qualified and competent, but also someone who has the ability to testify well in court. An experienced eminent domain lawyer at Morgan Williamson can greatly assist you with this important decision and recommend the right expert(s).

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