Condemnation & Eminent Domain

Eminent Domain is the government’s power to take private property for a public use, for example to build a fort, a post office, or a school. The Fifth Amendment of the U.S. Constitution requires that a landowner receive “just compensation” for such a taking. The Texas takings clause, found in Article I, Section 17 of the Texas Constitution requires “adequate compensation.” Congress can give this power to take private property to various federal agencies. The federal government has used this power in Texas to take property rights needed to build the “Border Wall.” The Texas Legislature has delegated this power to both government agencies (like TxDot) and private companies (for example, railroads).

In order for a condemning authority to exercise the power to take private property, (1) it must be for a “public” purpose, and (2) the property must be “necessary” to achieve the public use. If an entity with the power of eminent domain properly exercises its authority, its determination of when, where, and how to construct public infrastructure is typically final. The fact that there may be preferable alternatives isn’t usually a basis for challenging the project or a condemnation case.

A number of companies have either relocated to Texas, or significantly expanded their footprint in the state: Oracle, Apple, Tesla, Hewlett Packard, Amazon, AECOM, CBRE, Microsoft, Google, Caterpillar, Ericsson, and Samsung, to name a few. From 2000 to 2022, the population of 11 Texas counties more than doubled. New and expanding businesses, and a growing population, require more roads, schools, and energy.

We Represent Condemnors

A primary concern for every condemnor is timing. We have succeeded in delivering timely possession of hundreds of parcels in dozens of counties for electric transmission lines, highways, natural gas liquids pipelines, wastewater pipelines, treated water pipelines, and railroads. Involving an experienced eminent domain attorney early in the planning and scheduling process will help to avoid costly delays when condemnation becomes necessary.

We Represent Landowners

We have represented landowners along the Texas southern border who have had their land taken for the Border Wall. Much more common though is the expansion of roads and highways all over the State, in both rural and urban counties. TxDot is extremely active, expanding our highway system, and partnering with counties and cities on local road projects. We have represented landowners of both commercial and residential properties.

What Can We Do For You?

Sue Ayers is a frequent public speaker on various legal topics, including Eminent Domain & Condemnation. If you’re looking for a speaker on these topics, or want a free consultation about your project or your case, contact Sue – [email protected]