Leverage Comes From Preparation

Eminent domain is the legal authority that allows the government—or certain private entities such as pipeline or utility companies—to take private property for public use. Under both the U.S. Constitution and the Texas Constitution, property cannot be taken without payment of “just compensation.”

In Texas, this process is governed by statutory procedures that begin with an offer and can proceed to a special commissioners’ hearing and, if necessary, a jury trial.

A condemnation case is the legal proceeding through which a condemning authority seeks to acquire private property when an agreement on price cannot be reached. It is the formal litigation stage of eminent domain.

The case determines:

• The fair market value of the property taken

• Damages to the remaining property (in partial takings)

• Certain access or impairment issues

• Other compensable losses recognized under Texas law

Unfortunately, in most cases, there is really only one possible outcome when your property is being condemned, the payment of “just compensation.” While there are instances where a condemnor makes the decision to not acquire property, those occurrences are extremely rare.

However, if it can be shown that the entity seeking to acquire your property does not have the power to condemn, is not acquiring the property for a public need or purpose or has failed to properly follow the condemnation process, you may be able to prevent the taking. Again, these are very rare occurrences.

Assuming that the entity has the power of eminent domain, is taking it for a public purpose and assuming that it has followed the condemnation process properly, the only outcome is the government will successfully condemn your property. Your only recourse then is to maximize the amount of compensation you receive for the taking. In order to accomplish that, you MUST retain an attorney that specializes in eminent domain/ condemnation cases. You only have one chance to be compensated for the taking. As such, only an attorney who exclusively handles these types of cases can identify the different courses to take to maximize the amount of just compensation you receive.

Just compensation is the fair market value of the property being taken at the time of the acquisition. In partial takings, compensation may also include damage to the remainder of the property.

Valuation is not determined by the government’s initial offer. It must be supported by admissible appraisal methodology, market evidence, and legal standards established by Texas courts—including precedent from the Texas Supreme Court.

Fair market value is typically determined by qualified real estate appraisers using recognized approaches such as:

• Comparable sales analysis

• Income capitalization (for income-producing property)

• Highest and best use analysis

In many cases, the key dispute is not just current use, but the legally permissible and reasonably probable highest and best use of the property.

After negotiations, the condemning authority files a petition, and three Special Commissioners are appointed to determine compensation. This is an administrative valuation hearing—not a full jury trial.

If either side objects to the award, the case proceeds to district court as a standard civil lawsuit, where compensation can be determined by a jury.

No. The initial offer is based on the condemning authority’s appraisal. Landowners have the right to:

• Retain independent counsel

• Obtain their own appraisal

• Challenge valuation methodology

• Object to the commissioners’ award

• Proceed to jury trial

The initial offer is often the starting point—not the final number.

Yes, in many partial takings. Texas law allows recovery for diminution in value to the remaining property when a taking negatively impacts access, visibility, configuration, or usability.

Properly documenting and proving remainder damages requires coordinated legal and appraisal strategy.

Private pipeline and utility companies may have condemnation authority under Texas law. However, they must still:

• Establish legal authority to condemn

• Follow statutory procedures

• Pay just compensation

Landowners retain the right to challenge both authority and valuation where appropriate.

Timelines vary. A case may resolve within months if negotiated effectively. If litigated through trial, the process can extend longer depending on court scheduling and complexity.

Early strategic preparation materially affects both leverage and timing.

Eminent domain is a specialized area of law involving constitutional protections, valuation standards, procedural rules, and appellate precedent.

Experienced condemnation counsel can:

• Evaluate whether the offer reflects full market value

• Identify compensable remainder damages

• Coordinate expert testimony

• Preserve appellate issues

• Prepare the case for trial if necessary

In high-value takings, the difference between passive acceptance and structured litigation strategy can materially affect the outcome.

Yes. Erik has successfully prevailed before the Texas Supreme Court in a condemnation case that clarified and strengthened compensation rights for Texas landowners. That decision established precedent governing how compensation is determined and enforced.

This appellate experience informs his trial strategy, ensuring cases are developed with both jury presentation and legal sustainability in mind.