Areas Served

Barron, Adler, Clough & Oddo, PLLC is a full-service law firm whose Texas eminent domain lawyers help clients protect their property rights.

Many people and businesses do not fully understand that the government has significant power to take private land for public use, even in Texas. Anyone who has been hit with a notice that a government entity plans to take your private property is likely to be confused, stressed, and uncertain about what to do next. Fortunately, we can help.

Eminent domain is a legal concept that gives the government the right to take private property when needed for public use. Federal, state, and local government entities use this power for a wide range of purposes, from building streets and roads to installing power lines.

When the government takes private property, it is required to fairly compensate the owner. It is also required to go through a formal legal process, known as condemnation, to take the property and determine the appropriate compensation if it cannot reach an agreement with the owner.

Austin

The capital city of Texas is a unique and vibrant place that serves as the seat of state government power and an important technology hub. It is also one of the country’s fastest-growing cities in the nation and considered the live music capital of the world.

The city’s rapid growth has spawned a number of public projects, including development for transportation and utilities as well as parks and government facilities. City and state authorities have been quick to use their eminent domain property to try to take property in order to accomplish these projects.

Barron, Adler, Clough & Oddo, PLLC was founded in Austin more than four decades ago and continues to be based in the heart of the city today. Several of our lawyers spent time working in state government on eminent domain and other matters before going into private practice.

We have helped a wide range of people and businesses in government taking in Austin and throughout central Texas. For example, our client, LoneStar Airport Holdings was awarded $90 million when the government terminated the company’s lease to operate the South Terminal at Austin-Bergstrom International Airport.

Many of our Texas eminent domain attorneys are longtime Austin residents who have raised families there. Our firm actively participates in several local community and charity groups, including Breakthrough Austin and the Austin Disaster Relief network.

Houston

The largest city in Texas, Houston has long been considered the energy capital of the world. People and businesses from around the globe have flocked to the city, making Houston one of the country’s most diverse and culturally rich places to live and work.

Houston’s booming growth has also prompted a slew of public projects and other construction as the city continues to change. State and local government entities routinely look to condemn private property for public needs, like building and expanding roadways and developing other projects.

Our Texas eminent domain lawyers have a track record of successful results in cases in Houston and throughout the region. We have helped landowners in several local matters, including special use takings related to the LBJ Hospital and a dredge disposal site operated by the Port of Houston Authority.

Dallas

Dallas is a thriving, international city that has long been at the nexus of local, national, and global commerce.

The city is the largest in the Dallas-Fort Worth Metroplex, the most populous metropolitan area in Texas, and among the five most-populated nationwide. It is home to a rich array of people, families, and businesses whose growth is part of the fiber of the city.

The Texas eminent domain lawyers at Barron, Adler, Clough & Oddo, PLLC are committed to helping clients in Dallas and throughout the metroplex. We have assisted on a range of government domain matters, including a special use taking stemming from the nearby Texas Rangers stadium.

San Antonio

This historic city of San Antonio is an important testament to life in Texas and the independent spirit on which the state was created. San Antonio is the oldest municipality in Texas, having first been founded by Spanish settlers in 1718.

It is also the gateway to the Rio Grande Valley and has important ties to a rich oil and gas region that fuels the modern-day local and state economies.

In San Antonio and beyond, our lawyers are committed to helping landowners protect their rights from government intrusion. We have dedicated our careers to assisting individuals, families, and businesses in these cases.

El Paso

An energetic metropolis set across a stunning natural landscape, El Paso is the most populous city in West Texas.

Its location along the Rio Grande River and near the border with Mexico makes it an important regional and international hub. El Paso is also home to Marathon Oil and the Medical Center of the Americas, leading players in the energy and healthcare sectors.

Our Texas eminent domain lawyers assist landowners in El Paso and beyond who are facing government taking actions. We have more than a century of combined experience, including a special use project involving the Sun Bowl stadium in El Paso.

Greater Texas

Our commitment to assisting landowners spans far beyond the major municipalities in Texas. Oil and gas, utility, and transportation projects often run well outside of those places, impacting private property owners and placing their rights in jeopardy when the government seeks to take their land.

Barron, Adler, Clough & Oddo, PLLC was founded on the principle that property rights are sacred. We fully understand that the right to own property is fundamental for people and businesses across the state. That is why we have focused our professional lives on helping clients faced with government demands for their property.

We also cover other Texas eminent domain cases in cities including Arlington, Corpus Christi, Fort Worth, Lubbock, Plano, Laredo, Waco, and all the rural towns and counties in between.

Eminent Domain and Condemnation

Eminent domain is the government’s legal power to take private property for public use. Condemnation is the formal process through which the government uses that power to take land.

To take private property in Texas, the government must first notify the property owner that it plans to take the land. The government also has to make a good-faith effort to negotiate an agreement to buy the property. A thorough review and appraisal must be performed to determine the property’s fair market value and then make an offer to buy the land that reflects the value.

If an agreement is not reached, the government can use the formal condemnation process to take the property. To be clear, the property does not need to be in poor or unsafe condition in order for the government to condemn it. Rather, the government need only show that it needs the property for a legitimate public purpose.

For landowners, the condemnation case is often your best opportunity to get just compensation for the taking. A Texas eminent domain lawyer at our firm can help you maximize that compensation.

A panel of three special commissioners is designed to hear condemnation 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 panel conducts an administrative hearing, which gives the government and the property owner the chance to present evidence and make arguments. The commissioners ultimately issue a determination regarding how much the government should pay the landowner for the taking. The determination should account for the property’s market value, along with any reduction in the property’s value caused by the condemnation.

Many eminent domain cases are resolved at this stage. However, 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 eminent domain.

Easements

Easements are also effective tools for resolving land disputes.

An easement is a right or privilege granted to an individual, entity, or community that allows them to use land that is owned by someone else. They are largely governed by state and local laws in Texas.

An easement holder has the right to access the property covered by the easement, but only for specific purposes. The easement does not give ownership or full use of the land to the holder.

Easements are often used for roads, streets, and sidewalks. Utility companies are routinely granted easements to install and maintain water, gas, sewage, telephone or electric lines.

Public easements grant the rights of land usage to the general public, like for streets and sidewalks. They can be created by an owner who dedicates property for public use or by a government entity through the condemnation process.

Private easements, on the other hand, give the rights to a specific party or parties, like the right to use a road on another person’s property in order to access your property.

How Our Texas Eminent Domain Lawyers Can Help

Eminent domain is a unique and complicated area of the law. If the government is trying to take your land, it is vital to have an attorney in your corner with experience representing property owners in these cases.

If you are involved in an eminent domain, condemnation, or inverse condemnation case in Texas, let the lawyers at Barron, Adler, Clough & Oddo, PLLC put their experience to work for you. Contact us today to discuss your case and how we can help.