Eminent Domain

Landowner Representation

We understand the legal complexities and emotional impacts of government takings.  At Crump & Deutsch, we only represent landowners in eminent domain proceedings, fighting to ensure our clients receive full and fair compensation for their property.

Eminent domain is the power of the government to take private property for public use. Private companies may also use the power of eminent domain granted to them by the law to take private property for public use.  Public uses for which private property has been taken include:

• Roads and Highways: Expanding or constructing new roadways for improved transportation.

• Public Schools: Building or enlarging educational facilities.

• Parks and Recreation: Creating public parks, playgrounds, and recreational areas.

• Utilities: Establishing infrastructure for water, gas, electricity, and sewer systems.

• Pipelines:  Installing water, oil, or gas pipelines.

• Public Transportation: Developing or expanding railways, airports, and bus terminals.

• Government Buildings: Constructing courthouses, police stations, and other public service buildings.

• Drainage:  Above and below ground systems for retention and movement of flood waters.

How Can Crump & Deutsch Help?

When private property is taken through eminent domain, it must be for a valid public use, and the condemning authority must provide just compensation. However, condemning authorities often undervalue properties they wish to take and may completely ignore the impacts on the remaining property.

At Crump & Deutsch, we only represent landowners in eminent domain cases, and we are dedicated to ensuring your rights are protected. Depending on the situation, we will:

• Evaluate the Proposed Public Use: Ensure it is valid under Texas law.

• Work with the Condemning Authority: If possible, plan the route to minimize the damage to your property.

• Obtain Market Value: For the property taken, including damages to the remaining property.

• Negotiate the Documents: Limit the use of the condemned land and prevent future intrusions without new condemnation proceedings.

We typically do this at little or no out-of-pocket cost to you. We get paid based on the difference between the condemning authority’s offer and the ultimate compensation obtained for you. You only pay when we win.

If you receive a letter condemning part of your property for a road, pipeline, or other project, it's not in your best interest to accept the first compensation offer. As a Texas landowner, you have the right to a fair process and compensation. There are aspects that can be negotiated, such as the price for and impact on your land. Find an attorney who will represent your rights and interests, not those of the condemning authority. Your land, its value, and your peace of mind are on the line.

How Does Eminent Domain Work in Texas?

1. Initial Contact: Property owners receive a letter from the authority condemning the land or its contractor requesting access to survey and before moving forward to condemn, the authority must make an offer to purchase the property for a specific project.

2. Negotiation: The owner can accept, negotiate for more compensation, or reject the offer.

3. Condemnation Lawsuit: If no agreement is reached, the condemning authority files a condemnation lawsuit.

4. Special Commissioners: The court appoints three local landowners to evaluate the case and determine compensation.

5. Award and Objections: If either party disagrees with the commissioners' award, they can object, sending the case to trial.

6. Trial: The case proceeds as a regular civil lawsuit to determine the final compensation if no settlement is reached.

For more details, you may refer to Texas Landowner’s Bill of Rights here and here.