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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 a “public use.” Eminent domain in Texas is exercised for many reasons, but the most common in Texas are road projects and pipelines.

Whatever the purpose may be, 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 being condemned. When a condemnor issues an offer of just compensation to a landowner, a good, 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.

1. 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.

2. 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.

3. 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.

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 Relocation Costs in Texas

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.

What Are the Limits of Eminent Domain in Texas?

Texas condemnors, like other states, enjoy a whole host of powers associated with their ability to acquire private property through eminent domain; however, in addition to requiring the payment of just compensation, condemnors are required to: Issue a good faith, bona fide offer to the landowner, Provide the landowner with a copy of the appraisal used for the offer, Provide the landowner with proper notice of any eminent domain proceedings.

How Long Do Eminent Domain Cases Take in Texas?

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.

Can Eminent Domain in Texas Be Stopped?

It is very difficult to stop eminent domain in Texas, but it can be done in some rare circumstances. An experienced eminent domain attorney should be able to identify if an eminent domain acquisition does not meet the requirements of the law or if a condemnor did not follow proper procedure. If a landowner feels like a condemnor is not following the law, they should contact a qualified eminent domain attorney to discuss the options available.

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.

Eminent Domain Projects in Texas

S Lamar Boulevard

COUNTY: Travis, TX


PARAMETERS: Widen and Reconstruct S Lamar Blvd from Riverside Drive to Barton Springs Rd and from Barton Springs Rd to US 90.

APPROX ROW TAKINGS: 85 Commercial partial takings

Riverside – Barton Springs:
Final Design Plans: Summer 2020
Construction start: Early 2021
Barton Springs – US 290
Final Design Plans: Fall 2021
Construction start: Fall 2020

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RM 260

COUNTY: Travis, TX


PARAMETERS: Widen RM 620 South project between SH 71 and Hudson Bend Road in Bee Cave

25 Ag partial taking
10 Commercial displacement
25 Commercial partial takings
20 Partial takings

Public Meeting 02/20/20
Environmental Clearance Spring 2020
Construction: Late 2022

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Burnet Road

CSJ: 1376-02-042

COUNTY: Travis, TX


Multimodal improvements Burnet Road would extend for a total length of approximately 2.5 miles from US 183 to Gracy Farms Lane. Multimodal improvements would be carried out up to approximately 300 feet north of the Gault Lane intersection. Proposed improvements would expand the existing facility from a five-lane undivided roadway to a six-lane divided roadway with enhancements for pedestrians, bikes, and mass transit. Additionally, a 7- foot protected bicycle lane and an 8-foot sidewalk would be added on both sides of Burnet Road along the 2.5 mile corridor.

35 Commercial partial takings
5 Vacant partial takings

Environmental clearance: June/July 2020
First Construction Project: Burnet Road/Braker Lane intersection (funded):
• Final design plans: Summer 2020
• Construction start: Late 2020
US 183 to the MoPac frontage road:
• Funded improvements
• Final design plans: Fall 2021
• Construction start: Late 2022
• Unfunded improvements
• Final design plans and construction start: Dependent on funding availability

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I-35 Capital Express Central

The I-35 Capital Express Central project is located in the central region of the Austin metropolitan area for a distance of approximately 8 miles along I-35 between US 290 East and SH 71/Ben White Boulevard, with additional flyovers at I-35 and US 290 East. The proposed improvements include the removal of the existing I-35 decks, lowering the roadway, and adding two non-tolled high-occupancy vehicle managed lanes in each direction along I-35 from US 290 East to SH 71/Ben White Boulevard, with additional flyovers at I-35 and US 290 East. The project will also reconstruct east-west cross-street bridges, add pedestrian and bicycle paths, and make additional safety and mobility improvements within the project limits.

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I-35 Capital Express North

The I-35 Capital Express North project proposes to add one non-tolled managed lane in each direction along I-35 from SH 45 North to US 290 East.

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I-35 Capital Express South

The I-35 Capital Express South project proposes to add two non-tolled managed lanes in each direction along I-35 from SH 71/Ben White Boulevard to SH 45 Southeast.

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I-35 Denton

Reconstruct and Widen IH 35 to three mainlines in each direction and continuous two-lane, one-way frontage roads in each direction between US 380 and FM 3002.

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IH 30 (I-45 to Ferguson)

The proposed improvements to I-30 between I-345/I-45 and Ferguson Road would include ten general purpose lanes (five in each direction), two reversible managed lanes, discontinuous two to three lane frontage roads in each direction, and reconstruction of ramps and bridges. The proposed I-30 main lanes and managed lanes would be depressed from I-345/I-45 to Dolphin Road. Accommodations for bicycle and pedestrian travel along the project corridor are a component of project development.

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US 271

Expand US Highway 271 from Farm‐to‐Market 16 north to the Upshur County line. The proposed improvements would follow Loop 485 around the city of Gladewater.

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US 377 Denton

Reconstruct and widen US 377 North from US 380 to north of Business US 377 from a two-lane undivided rural roadway to six-lane divided urban arterial with raised median.

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

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


Meetings with attorneys at the Austin office by appointment only.

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    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.