Texas Eminent Domain Attorneys

It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation.

Eminent Domain Attorneys & Lawyers In Texas

At Sever Storey Walker, our mission is to hold condemners—whether they be local, state, federal, utility or other —accountable to the landowners whose land they are acquiring. Our entire firm is built around serving you, the landowner who is facing eminent domain and condemnation.

Our eminent domain attorneys in Texas have represented hundreds of landowners across the country. We have experience in nearly every type of eminent domain case, including small pipeline acquisitions and large highway projects, and we always work for landowners.

Our depth of experience ensures you will have the expert representation you need and deserve. In sum, we have helped landowners collectively receive millions of dollars more than initially offered by the condemnors.

Right now, we are following a number of projects in the State of Texas, and if one is affecting you, get in touch with our eminent domain lawyers in Texas immediately for a free consultation.

Your condemnation issue is important to us. Please complete the form below or contact us directly with your questions.

What Is Eminent Domain Law In Texas?

Eminent domain is the power of an entity—usually a governmental body or utility—to acquire private land for “public use.” Eminent domain in Texas is exercised for many reasons, but road projects and pipelines are the most common.

Whatever the purpose, landowners who face eminent domain have the right to hire an attorney well-versed in eminent domain. These attorneys have a specialized skill set to help landowners get fair treatment when their property is condemned.

When a condemnor issues an offer of just compensation to a landowner, a skilled, qualified eminent domain attorney should be able to assess the sufficiency of the offer and, if necessary, secure more compensation for the landowner.

What Should Landowners Do After Receiving An Eminent Domain Notice In Texas?

It’s easy for landowners to feel overwhelmed or confused about what to do after receiving an eminent domain notice. Many landowners do not know their rights in this situation and aren’t sure where to turn to help.

Fortunately, there are a few simple steps that a landowner can take to protect his or her rights in the event of a potential acquisition. Here’s what a landowner should do after receiving notice that the government intends to take their land.

Contact An Eminent Domain Attorney In Texas

The state or federal government has probably spent months or even years researching a landowner’s property. For this reason, it’s vital for landowners to consult with an eminent domain lawyer as soon as they receive an eminent domain notice to know how fair a condemnor’s offer is.

Understand Your Rights

It’s also important for landowners to know their rights after receiving an eminent domain notice. Landowners can challenge the taking of their property or refute the amount the state offers. In either case, it’s essential to hire a condemnation attorney to handle the case.

Do Not Negotiate On Your Own

It is important to remember that a landowner may not be aware of all the compensation he or she is entitled to as a consequence of an acquisition. Therefore, landowners that negotiate on their own often miss out on compensation they never knew they could get.

Condemnors may take advantage of unrepresented landowners and seize on the opportunity to get a landowner’s property at a bargain price. It is essential that landowners who receive an offer from a condemnor immediately contact an attorney prior to instigating any negotiations with the condemnor.

Case Results

State: Indiana (Marion County)

Case Type: Road projects

Initial Offer: $46,160

Sever Storey Walker Result:

$2,400,000

State: Indiana (Johnson County)

Case Type: Road projects

Initial Offer: $301,200

Sever Storey Walker Result:

$3,800,000

State: Indiana (Vigo County)

Case Type: Road projects

Initial Offer: $1,186,000

Sever Storey Walker Result:

$4,475,000

State: Indiana (Hamilton County)

Case Type: Road projects

Initial Offer: $79,200

Sever Storey Walker Result:

$3,000,000

State: Georgia (Union County)

Case Type: Road projects

Initial Offer: $454,250

Sever Storey Walker Result:

$1,500,000

State: Illinois, Sangamon County

Case Type: Road projects

Initial Offer: $125,600

Sever Storey Walker Result:

$1,191,950

View All Case Results

Frequently Asked Questions

Eminent Domain And “Just Compensation” In Texas

While a condemnor may have the ability to acquire private property via eminent domain, that condemnor is also obligated by both the U.S. and Texas constitutions to pay the landowner “just compensation” for that land.

It may not surprise you to learn that a landowner’s definition of “just compensation” may be far different than TxDot’s, or any other entity’s definition of “just compensation.” This means that even though a condemnor may show up at your door with an appraisal and an offer, you are guaranteed the right to challenge that offer, and if necessary, present your case for compensation in front of a jury of your peers. A smart landowner should be skeptical of any offer a condemnor makes, and rather than take the condemnor’s word for it, a landowner should seek out an unbiased and qualified opinion of that offer to see how reasonable it is.

Eminent domain in Texas is a legal tool allowing the government to acquire private property for public use. The playbook for eminent domain is in Chapter 21 of the Texas Property Code. This chapter outlines the rules the government must follow to take a piece of your land legally.

Before initiating a condemnation case, the government must negotiate with the landowner. If these negotiations don’t yield an agreement, the landowner can file a condemnation petition, leading to a special commissioner’s hearing. Landowners unsatisfied with the hearing’s outcome can appeal. There are chiefly two types of takings:

1. Statutory Takings

Statutory taking is the most straightforward scenario. Here, the government directly sues a landowner to secure their land for a public project. It’s the image most people conjure when they think of eminent domain.

Inverse Takings

This approach arises when the government acquires property without following the prescribed statutory procedures. In such instances, the landowner initiates legal action against the condemning authority. In general, there are two forms of inverse takings:

  • Regulatory Takings: These occur when landowners are denied the economically viable use of their property or face unreasonable interference in their property enjoyment.
  • Exactions: In this scenario, a landowner might be obligated to exchange money or development concessions in return for government approval or specific permits.

Navigating these legal waters can be challenging. An eminent domain attorney in Texas has expertise in these matters and could be invaluable in your battle with the government.

Navigating complicated eminent domain law is a complex task. While you certainly have the right to negotiate on your own, having a seasoned eminent domain attorney in Texas by your side ensures your rights are protected. These attorneys have in-depth knowledge of the laws and legal processes, making them well-prepared to counter any lowball offers from the condemning authority.

Texas landowners who are subject to a “total taking,” and whose business or residence is being relocated, are not only entitled to compensation for their property but also entitled to compensation to relocate. Appropriately called “relocation benefits, this compensation is separate and apart from the compensation a landowner receives for the property itself. Unsurprisingly, relocation benefits are commonly underestimated by condemnors.

Business owners subject to relocation by eminent domain are often placed into a precarious position, and if not handled correctly, an eminent domain relocation can completely destroy a business. Moving a business is a comprehensive venture, and if all the expenses are not covered, the results can cut into profits, at best, and destroy the business altogether at worst.

A qualified and experienced eminent domain attorney, who knows the law on relocation and can put together a comprehensive relocation package for a business, can potentially be the difference in a business’ survival after an eminent domain relocation. It is imperative to have a relocation strategy if and when a condemnor comes knocking.

In Texas, the power of eminent domain is limited by the requirement that the taking must be for a “public use” and that the property owner must receive “just compensation.” Additionally, entities using eminent domain must follow specific procedures outlined in Chapter 21 of the Texas Property Code. Eminent domain attorneys in Texas can further explain these limits and ensure they’re upheld in your case.

Eminent domain cases vary by both length and breadth, but generally, an eminent domain case which doesn’t require litigation can be resolved in a couple months. A case which requires litigation usually lasts 8-12 months from the date a landowner is sued.

Stopping the eminent domain process can be challenging. However, if the condemning authority hasn’t followed the correct procedures or can’t prove the taking is for legitimate public use, there’s a possibility to contest it and win in court. Contact an experienced eminent domain attorney in Texas to determine whether you have a viable case.

The sooner, the better. As soon as you become aware that your property might be subject to eminent domain proceedings, contacting eminent domain attorneys in Texas is crucial. Early involvement allows them to review any offers, advise on the best course of action, and provide ample time to prepare should negotiations or litigation become necessary.

Meet Our Team

Sever Storey Walker Team

At Sever Storey Walker, we pride ourselves on the expertise and dedication of our team. Get to know the faces behind the firm and discover the depth of knowledge and commitment that drives us to achieve the best possible outcomes for you.

How Sever Storey Walker Can Help You In Texas

At Sever Storey Walker, our team of eminent domain and condemnation lawyers are here to protect the rights of landowners in Texas.

We have provided legal advice to hundreds of clients involving takings both big and small. Our goal is to ensure that you are fully compensated for the physical taking of your land. In our experience, the condemning authority (entity taking your land) rarely considers all of the damages the landowner has suffered.

Our team of eminent domain lawyers in Texas is here to defend landowners threatened by eminent domain and will fight hard to protect your rights. With offices in Georgia, Indiana, Illinois, Kentucky, North Carolina, Ohio and Texas, we have a national reach and have represented clients across the country.

Austin, Texas Office

Address

8911 N. Capital of Texas
Bldg 4, Suite 4200-50
Austin, TX 78759

Phone

(737) 252-1936 (Local)
(888) 318-3761 (Toll Free)
(317) 575-9943 (Fax)

Email

jordan@landownerattorneys.com

Meetings with attorneys at the Austin office by appointment only.

Contact Us

Before going alone against the State let us give you our opinion. It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation. Contact us now at 888-318-3761

* Disclaimer: Form submission doesn’t constitute a client-attorney relationship/contract.