“Eminent Domain” refers to the inherent right of the government to take private property for a public use. “Condemnation” is the legal process used for such a taking. While the government has this vast power, the Fifth Amendment of the U.S. Constitution and Article I, Section 17, of the Texas Constitution guarantee that a property owner will receive just compensation for the taking. If the government and property owner cannot agree on that compensation then, ultimately, they are entitled to have the judicial system determine it based on the law.

Under eminent domain law, the government only has the right to take the property for a legitimate public use. This means property can be taken to build a public road, to create a municipal park, to construct a school or public library, or to provide utilities. However, the power of condemnation is not limited to the government. Private entities also sometimes have the power of eminent domain if allowed by the law and if used for a project that has been deemed to be effectively a public use. For instance, private companies can force the sale of private property for oil and gas pipelines in some situations if used to further a common carrier function.

In blighted or deteriorated areas that present a threat to public safety, the government also has the right to take some property through eminent domain and condemnation. But this right is limited.

Our team of Texas condemnation lawyers can help you navigate the legal process.

How Does Condemnation Work?

The government’s taking of private property is referred to as condemnation. Condemnation does not mean that there is anything wrong with your property or that is being condemned as unsafe or labeled as a tear-down. Condemnation simply means that the government is exercising its right of eminent domain.

When the government determines that it will use eminent domain and condemnation to take your property, it must appraise the property to determine fair compensation.

When the government makes an offer, you have the choice to accept or decline the offer. Declining the offer does not mean that you are entitled to keep your property; the government can still force the taking. However, our attorneys can help you present your opinions of what constitutes just and adequate compensation and that the government’s offer is below fair market value.

The Difference Between Eminent Domain and Condemnation

Eminent domain and condemnation are two important legal terms that can have a significant impact on property rights in Texas.

Eminent domain generally refers to the right of government entities to take private property for public use. Federal, state, and local governments have this right, as do entities working under the authority of a government, such as transportation and utility commissions. They can only take property when it is for public use, and they are required to provide just compensation for the property to its private owner.

Condemnation is the legal process that the government must complete to take the property. There are a number of steps that the government must complete during this process. In Texas, that includes first notifying the owner of the property and making an offer to buy it. If the parties cannot reach an agreement, the government can start a legal action to condemn the property.

The Condemnation Process

Condemnation is the process through which a government entity seeks to take private property from its owners in return for compensation.

In Texas, a government entity is first required to notify the owner that it intends to take the property and make a good-faith effort to negotiate an agreement to buy it. That means doing a thorough review and appraisal to determine the property’s fair market value and making an offer that reflects that value.

If the government and the property owner cannot reach an agreement, the government can go through the formal condemnation process to take the property. The condemnation case is a property owner’s opportunity to get just compensation for the taking. It is vital to have an experienced Texas condemnation lawyer fighting for you to maximize your compensation.

A panel of three special commissioners hears these cases. The commissioners are independent landowners who live in the county in which the property that the government is seeking to obtain is located. They are appointed by a local court and empowered to determine the amount of compensation that the government must pay to the property owner.

The commissioner panel holds an administrative hearing in which the government and the property owner each have an opportunity to present evidence and argue their side. The commissioners later issue a determination, taking into account the market value of the condemned property, as well as any reduction in the property’s value caused by the condemnation and the government’s plans for the property.

Many cases are resolved through the administrative hearing and the commissioners’ determination. That said, either side can appeal the determination if they do not agree with it. When an appeal is filed, it is treated as a civil case in local court. A landowner has a right to a trial by jury on most issues related to condemnation.

Condemnation Actions

There are two types of condemnation actions: statutory condemnations and inverse condemnations.

Statutory condemnations are more common. These are cases in which a government entity seeks to take private property and is required to compensate the owner for the value of the property. They start with a notice and purchase offer from the government entity and proceed to the administrative hearing stage if an agreement is not reached.

Inverse condemnations are actions filed by property owners against the government. In these cases, an owner argues that the government, through some action, has effectively taken the owner’s property without going through the formal condemnation process and failed to compensate the owner for it. Inverse condemnation actions are more complicated because they require the owner to prove that the government has effectively taken the property and then establish the amount of the compensation owed.

When Can You Fight Condemnation?

Stopping the condemnation altogether can be a challenge and is not always possible. In some instances, however, you can prevent the government from taking your property by proving that the government is not taking it for legitimate public use. A Texas condemnation attorney is essential to successfully stopping the condemnation, since it can be difficult to prove that the government is acting improperly. Sometimes condemnations are stopped when the taking authority realizes the actual cost to acquire that will be involved.

Case Highlights and Experience

At Barron, Adler, Clough & Oddo, PLLC, our lawyers have more than 100 years of combined experience representing people and companies in eminent domain, condemnation, and other government takings cases. We have dedicated our professional lives to helping Texans protect their property rights.

Our Texas condemnation lawyers have successfully handled these cases for a wide range of landowners covering a broad spectrum of property types. We have represented clients on issues related to major road development projects across Texas. Our attorneys have also helped clients with special use takings stemming from municipal airports, the Texas Rangers stadium, the Sun Bowl stadium, the LBJ Hospital, and a dredge disposal site operated by the Port of Houston Authority.

We have steered numerous notable legal cases and other disputes throughout the firms’ history. Some examples include:

  • Texas Department of Transportation v. Self: In May 2024, our attorneys won a case before the Texas Supreme Court for a client landowner whose trees were knocked down as part of a TxDOT roadway maintenance project. TxDOT had a right-of-way easement, but the trees were removed by government contractors and subcontractors outside this easement. The court sided with the landowner, ruling that the tree removal was a government taking for which the property owner must be compensated.
  • South Terminal at Austin-Bergstrom International Airport: A court-appointed panel of special commissioners awarded our client LoneStar Airport Holdings $90 million for terminating the private company’s 40-year lease to operate the South Terminal at Austin-Bergstrom International Airport. The award was 47 times the amount initially offered by the city of Austin.
  • Trans-Pecos Pipeline: Our lawyers helped a family obtain a $625,000 award from Energy Transfer Partners in exchange for building a portion of the Trans-Pecos Pipeline on their ranch. The award, issued by a special commissioners panel, was more than 16 times the amount originally offered by ETP.
  • City of Blue Mound v. Southwest Water Company: Barron Adler successfully defended a private landowner in a condemnation case in the Second Court of Appeals in Fort Worth. The appeals court upheld a lower court’s ruling, finding that the City could not use the Texas condemnation laws to condemn an operating utility system as a going concern.

There is no reason to go it alone if you are facing a condemnation proceeding. An experienced condemnation lawyer at our firm will help you ensure that your rights are fully protected, negotiate a settlement that maximizes your compensation, and fight eminent domain proceedings in court if needed.

Contact the Texas Condemnation Attorneys at Barron, Adler, Clough & Oddo, PLLC

If you are facing a regulatory taking or condemnation action in Texas, contact the team at Barron, Adler, Clough & Oddo, PLLC to learn how we can help. Our condemnation attorneys have represented more clients throughout Texas on more projects than any other firm – from Bexar to Collin County, Harris to Tarrant County – and our attorneys are focused exclusively on the field of eminent domain. Contact us today to discuss your case and how we can help.

Schedule Consultation

Our Services