Condemning Authority Representation
Growing populations in Texas result in a need for additional public utilities and services. Our Condemnation attorneys have experience representing Public Utilities, Public Agencies, Transportation Authorities, and other state and municipal authorities, as well as individual property owners. Our team can provide you skilled, experienced representation during all stages of the condemning process, from pre-acquisition planning to trial and appeals.
Understanding Eminent Domain and Condemnation:
Eminent Domain refers to the power of the government to take a landowner’s private property for a public purpose. Condemnation is the legal process by which a landowner’s property is taken. Under Texas and United States constitutions, the condemning entity must provide adequate compensation to the property owner in order to acquire the private property. In a condemnation action, the government acquires the legal title to the property and the physical possession of the property.
Who Has the Right to Condemn Property?
Under Texas law, federal, state, and local government entities have the authority to condemn private property. Such government agencies may include the Department of Transportation and the Department of Energy. Private entities such as gas and electric companies can be granted the power of eminent domain, however, only by government appointment.
What Can be Condemned?
In a condemnation action, any amount of private property that is reasonably necessary for public use may be acquired. This can include all or part of the property. Examples of eminent domain include water reservoirs, highways, national parks, water and sewer lines, oil and gas pipelines, airports, and public parks.
The Advantage of Working with an Eminent Domain and Condemnation Lawyer
Whether you are the property owner or a condemning authority, property condemnation is a complex process. Eminent domain proceedings often involve complicated matters, such as calculating just compensation to the property owners and deciding the best use for the property. Our team will provide you with the information you need and step by step guidance throughout your case.