Condemnation

Condemnation, or eminent domain, is the power of the State to take private property for public use. In Texas, this power has been legislatively delegated to counties, municipalities, and other political subdivisions and even to some private entities for public use projects.

A condemnation case represents the property owner’s one and only opportunity to recover compensation for the taking of his or her property through eminent domain, including impacts of the taking on the market value of the property remaining after the taking.

The condemnation attorneys at McFarland PLLC have extensive experience at every stage of condemnation matters, from pre-condemnation planning, negotiations, special commissioners’ hearings, and, when necessary, jury trials.

We work with appraisers, engineers, land planners, and other professionals to first assess the market value of a property and the impacts of the project and then craft the compensation argument that will put the landowner in the best position possible for the best possible outcome. This attention to detail combined with our legal acumen, work ethic, and commitment to fight for our clients’ interests are some of the reasons we’re known for adding value to each and every condemnation case we handle.

Inverse Condemnation

There are generally two kinds of condemnation cases: statutory cases and inverse cases. In a statutory condemnation case, the condemning authority files its petition to acquire a described interest in land for a stated public use. These proceedings are controlled at the administrative level by the Texas Property Code.

An inverse case is filed by the property owner in response to governmental action that effects a taking or damaging of private property rights without a formal exercise of the power of eminent domain through a statutory case or any payment of compensation. Unlike statutory cases, the government’s liability is not established and, in many cases, can expect to be contested.

In both statutory and inverse cases, the main issue will be the compensation to which the property owner is entitled for the taking or damaging of its property.

Pre-condemnation Planning

The planning for public infrastructure projects requiring the taking of private property begins years before the owner’s property is ever condemned. Our attorneys have worked with governmental agencies to seek modifications of public projects to eliminate potential negative impacts before any acquisition. We consult with property owners on how to proceed when property is under the shadow of an anticipated taking and monitor significant developments in projects as they proceed from the planning and design stages to right of way acquisition.

Administrative Hearings

When the government and a property owner cannot agree on the amount of compensation owed, the court will appoint disinterested landowners in the county as special commissioners to determine the market value. We assist landowners with all aspects of these hearings.

Warning Signs Your Property May Be At Risk Of Condemnation

The condemnation process does not begin with a formal letter. Often, the warning signs are subtle, and by the time property owners realize what is happening, the government may already be moving forward with plans. If you think your property may be at risk of condemnation, working with an experienced attorney as early as possible is essential.

These are some of the most common signs your property may be in the path of a potential condemnation:

• Public project announcements: If you have heard news about proposed highways, transit lines, pipelines or major public infrastructure projects in your area, pay attention. Government agencies often reveal long-term plans months or years in advance, which usually involves acquiring private property through eminent domain.
• Increased activity by government agencies or contractors: You may notice surveyors, utility workers or environmental inspectors accessing land near your home or business. These visits, especially when recurring, often indicate that a project is under review and your property may be affected.
• Zoning or land-use changes: If your property or surrounding areas are rezoned, especially for commercial, industrial or transportation purposes, that could signal pending development. We help clients track and interpret these zoning updates to determine potential risks.
• Direct contact or letters from officials: Even informal inquiries, such as requests to survey your land or general questions about your property, may indicate that you are being evaluated as part of a larger government project.

We help clients from the moment any of these red flags appear. By getting involved early, our firm can analyze public records, monitor agency activity, and document your property’s value and use.

Factors That Influence Condemnation Decisions

Understanding why your property is targeted for condemnation can help you feel more informed and better equipped to respond. These decisions are not random but shaped by legal standards, project goals and sometimes politics.

We work with clients to break down the reasons behind the government’s action and evaluate whether the decision can be challenged or negotiated. The most important factors that influence condemnation include:

• Public Use or Benefit: This is the most common justification. The government must prove that taking your property serves a legitimate public purpose, such as road expansions, school construction, utility lines or community development. We examine the project’s scope and whether it truly meets the definition of public use under the law.
• Community and Environmental Impact: Projects that displace homeowners, small businesses or impact environmental resources often face resistance. We investigate whether the agency considered these impacts thoroughly and whether your property was fairly evaluated among alternatives.
• Availability of Alternate Routes or Properties: If there are other viable paths for a road or pipeline or less disruptive properties that could be acquired, the government must be held accountable for choosing the most reasonable option. We help clients explore whether their land was wrongfully prioritized or if the scope of the project could be adjusted.
• Cost and Feasibility: Budget constraints sometimes lead agencies to choose cheaper, more accessible land even if it affects residents more harshly. Our firm examines financial documents and project plans to determine if cost influenced the decision unfairly.
• Local Politics and Development Interests: In some cases, condemnation decisions are influenced by private developers or regional growth priorities. We dig into public records and meeting minutes to uncover whether these interests may have swayed the project.

These factors can shape the outcome of a condemnation case. At McFarland PLLC, we proactively challenge assumptions, demand transparency, and fight to protect your rights and property.

A Thorough Analysis of Each Claim Is Key

For those cases that proceed to a judicial case, there are a number of opportunities for the parties to gain a better understanding of the market facts and, thus, the merits of their positions. The cross-examination in the commissioners’ hearing is without the benefit of discovery.

Full discovery allows for a more vigorous examination of the appraisal opinions that form the basis of the parties’ positions. As the facts that support or cut against the property owner’s position are established, the condemnation attorney should have a good picture of what the case is “worth” and, thus, what an acceptable outcome looks like.

Our Trial Skills Truly Benefit Clients

Our lawyers’ extensive experience in trying condemnation cases across the state of Texas is one of the most important contributions we bring to the representation of property owners in condemnation cases.

To properly evaluate a case, the condemnation attorney needs to understand how a trial court, jury, and, potentially, appellate court will perceive the property owner’s case, whether in terms of the admissibility or persuasiveness of its evidence or the compensability of the damages claimed. Through handling numerous trials and appeals of these issues, we have gained the insight and experience to shepherd our clients through these issues, maximizing their recovery in every stage of the condemnation process.

Don’t Let the Government Undervalue Your Property

To learn more or to discuss your case with an experienced condemnation lawyer, call McFarland PLLC at 713-325-9700.

We monitor several projects on an ongoing basis for clients and property owners. If there is a project on which you would like to be updated, please contact us by email to receive updates.