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Landowners in Texas are aware that the government has the power of eminent domain — the right to take private property for public use. There are legal precedents, however, for also allowing private entities — oil and gas companies, for example — to exercise the power of eminent domain.

Whether it’s the government or a private company that uses eminent domain to take any portion of your land, the law requires an appraisal of your property and that you be paid fair compensation.

When it comes to eminent domain, the determination of what is “fair” is frequently the subject of litigation.

If you are involved in an eminent domain/condemnation dispute of any kind, it is important that you have an aggressive lawyer on your side to fight to protect your interests. Ideally, your legal team should have experience on both sides of these disputes.

Having successfully represented landowners and oil and gas companies, the attorneys of Johnson Hobbs Squires LLP fully understand what is at stake for both sides, and given the facts of the case, we can anticipate the other side’s strategy. This extensive experience is a boon for our landowner clients.

We also collaborate with appraisers, real estate experts and other professionals to protect the rights of landowners and help them obtain full and fair compensation. In some cases, the condemnation of the property can be stopped by showing that the project is not really for public use.

For more on landowner rights and fighting back against the practice of “forced pooling,” please see our previous post on mineral rights ownership.