Condemnation

As the population grows, so does the need to transport oil and gas, sewage, electricity, water, and people across the state. To satisfy demand, Texas agencies, and some private companies, have been given the power to take privately-owned land for “public use.” The power to do this is called eminent domain. The process they have to go through to get the land is known as condemnation.

The entity taking your land wants to get you out the door as quickly as it can, and to pay you as little as possible. But it doesn’t matter what they want. You have a right to a fair process that results in your getting full fair market value for your land. Don’t expect any help from the entity that’s taking your land. You are going to have to fight for those rights. You can go it alone, but the process is complex and specialized, with many pitfalls. Braun & Gresham can help you navigate that process. Unlike many other condemnation firms that only advocate for more money for your land, we fight to protect your land, your privacy, and to get you more money.

What is Eminent Domain / Condemnation

Condemnation, or as its sometimes referred to as, ‘eminent domain’ is a process used by government, and other private entities (“condemning authorities”) to acquire private property for public use. Condemnation comes in many forms- roads, transmission lines, pipelines, right-of-way, easements, sewer lines, etc.- but its purpose is universal: land is taken from a private citizen and devoted to a public use or, in some instances, for economic development.

An important thing to remember is that even if you’ve received a letter in the mail from the government or some private entity informing you of its intention to take your land, this does not mean that it’s a done deal. There are many ways to influence the condemnation process to ensure that your wants and needs are met, but it’s important that you engage with knowledgeable professionals who can help guide you through the condemnation process.

Our condemnation practice is built on three principles:

• Helping our clients plan the route (of the power line, road, or easement) that will do the least damage to the use of their property
• Getting full fair market value for our client’s land
• Negotiating documents (such as easements) to limit the uses of condemned land to prevent future intrusions and stop companies from taking advantage of landowners