Eminent domain, also known as condemnation, allows local, state, or federal governments to take private property for public use. In certain cases, oil and gas pipeline companies operating as common carriers or gas utilities also have this authority.

Interstate pipeline companies, granted a certificate of public convenience and necessity by the Federal Energy Regulatory Commission (FERC), may exercise eminent domain under federal law.

Under the Fifth Amendment of the U.S. Constitution and Article I, Section 17, of the Texas Constitution, property owners must receive just compensation when their land is taken. However, disputes often arise between the taking entity (condemnor) and the landowner (condemnee) regarding:

• The amount of compensation owed
• Whether the taking entity has the legal right to seize the property

Experienced Representation in Eminent Domain Proceedings

Eminent domain litigation is a highly specialized area of law that blends administrative law and litigation. With over 70 years of combined experience, Flowers Davis attorneys effectively represent both plaintiffs and defendants in local, intrastate, and interstate condemnation cases in both state and federal courts. We regularly advocate for oil and gas pipeline companies and municipalities and have successfully handled pipeline projects throughout Texas.

Our Eminent Domain Legal Services Include:

• Pre-condemnation planning & negotiations
• Injunctive relief to prevent interference or secure property access
• Collaboration with appraisers to assess fair compensation
• Preparation of litigation documents & property filings
• Representation at Special Commissioners’ hearings
• De novo appeals to trial courts
• Appellate review of trial court decisions

At Flowers Davis, we understand the complexities of eminent domain law and provide strategic, results-driven representation to protect our clients' interests.