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Eminent Domain / Condemnation

eminent domain

“Eminent Domain” or “Condemnation” often involves a local, state or federal government taking of private property for a public use. The power of eminent domain is also available in many instances to oil and gas pipeline companies who operate as common carriers or as gas utilities.

Interstate pipeline companies which are granted a certificate of public convenience and necessity by the Federal Energy Regulatory Commission have the power of eminent domain under federal law.

The Fifth Amendment to the U.S. Constitution and Article I, Section 17, of the Texas Constitution require that just compensation be paid to a landowner whose land is taken through an eminent domain / condemnation proceeding. Disputes arise between the taking entity (condemnor) and the landowner (condemnee) over how much compensation is due, or in some cases whether the entity even has a right to take the property.

The eminent domain process and subsequent litigation is unique in the litigation world.  This rapidly changing area of the law is a combination of administrative law and litigation and thus requires a full understanding of the nuances involved in this type of legal matter compared to other types of litigation.  Flowers Davis attorneys have over 70 years of experience effectively representing both plaintiffs and defendants in local, intrastate and interstate eminent domain / condemnation proceedings in both State and Federal court. We regularly represent oil and gas pipeline companies and cities in these proceedings.  We have handled pipeline projects throughout Texas.

Flowers Davis attorneys assist clients with:

  • Pre-condemnation planning and negotiations
  • Injunctive relief to prevent interference or access property
  • Cooperation with appraisers
  • Preparation of litigation documents and property filings
  • Special Commissioners’ hearings
  • De novo appeals to the trial court
  • Appellate review of trial court decisions

Texas Landowner’s Bill of Rights

 

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