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What Is Condemnation?

Understood in its simplest form, condemnation —sometimes also referred to as eminent domain — is the power of the government to take privately-owned land and convert it to public use. Whenever this occurs, the government is obligated to provide the prior landowner with “just compensation” in exchange for the land.

Importantly, the right of eminent domain can be exercised by federal, state, or local governments. Additionally, some quasi-governmental agencies, such as the forest service or a local utility company, may be able to initiate condemnation proceedings. Condemnation actions can present a multitude of complex legal issues. In fact, any private landowner facing condemnation should contact a trial lawyer experienced in the following issues:

  • The notice requirements and procedures for initiating condemnation
  • How “just compensation” is determined
  • How the “highest and best use” analysis impacts compensation

Condemning entities have attorneys on their side. You should too.

During the condemnation process, an attorney will represent the government agency that is taking your property. That attorney’s singular goal is to acquire your property for as little as possible. Consequently, if you want to obtain the full, legal value of your property, you need an experienced condemnation trial attorney to protect your interests.

Knowledgeable trial attorneys with a history of success in condemnation cases

The trial lawyers at Harrison Davis are highly experienced in condemnation cases against all levels of government actors. Our firm has reached many favorable outcomes in condemnation cases throughout the State of Texas and beyond.

In addition to providing clients with representation from accomplished attorneys, Harrison Davis has the resources to employ the best experts and consultants. We do this to assure that the property owners are fully and fairly compensated for the taking of their land.

Examples Of Condemnation Situations

Government agencies don’t just run amuck taking land from private citizens without reason. Rather, condemnation proceedings typically involve large-scale projects that have created a need for additional public space. Examples of these projects include:

  • Installation of high voltage transmission power lines
  • Expansion of a public roadway, Interstate, or other highway
  • Excavation for, and installation of, oil and gas pipelines
  • Building wind farms

Our Fees In Condemnation Cases

We generally represent property owners in condemnation proceedings on a contingent fee basis. Under this arrangement, the property owner incurs no up-front cost. The property owner is assured to receive the value of the government’s original offer. Our fees are derived from a percentage of any increase over that original offer.

Contact An Experienced Texas Eminent Domain Lawyer

For additional information about eminent domain or the right of the federal, state, or local governments to take away your property, contact us at 254-761-3300 (Waco area) or 409-753-0000 (Beaumont area). Alternatively, you can fill out our online intake form and one of our experienced condemnation trial attorneys will contact you.


Contact the experienced litigation attorneys at Harrison Davis to schedule a free consultation and get the answers you need.

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