Condemnation law is a specialized area of the law, and condemnation cases have a unique character. Unlike traditional lawsuits, condemnation cases do not begin as judicial cases. Instead, the proceedings initiated by a condemning authority’s condemnation petition are...
Standing up for Landowners. Standing up to Government.
Texas Eminent Domain Law Blog
Fee Considerations In Right-to-Take Cases
In theory, most property owners affected by a condemnation project would probably rather see the project go somewhere else or, at the least, avoid having to take their property. By the time they hire an attorney, property owners are generally resigned to the...
Does the Public Use Requirement ProtectPrivate Property Rights?
The government’s power of eminent domain is constrained by two requirements: that the taking serve a public use and that just compensation be paid. The public use and just compensation requirements are the basic protections afforded to private property owners and are,...
Underfunded Right of Way Budgets
When the compensation paid for the taking of private property does not include all compensable impacts of the taking, the just compensation obligation fails in its function as a check on government’s taking of private property. The underlying principle of the takings...
Charles McFarland Elected a Fellow ofthe International Society of Barristers
Charles McFarland has been elected a Fellow of the International Society of Barristers. The International Society of Barristers, established in 1965 and with a membership of approximately 700 trial lawyers nationally and internationally, is dedicated to excellence in...
Charles McFarland Named AmongBest Lawyers in America 2015
Charles McFarland has been selected by his peers as among the Best Lawyers in America© 2015. Charles was named for the fifth time and will be listed in the fields of Eminent Domain and Condemnation Law.