Noah M. Galton

Condemnation & Eminent Domain

Condemning Authority Representation: Representation of river authorities, electricity providers, oil/gas midstream and interstate pipeline companies, railroads, municipal utility districts, special utility districts, regional mobility authorities, municipalities, and independent schools districts in the acquisition of real property rights for extensive public projects aimed at expanding critical infrastructure in the State of Texas. Exemplar projects include:

• Assisted electric utility with time-sensitive renewable energy project involving the acquisition of over 600 parcels, spanning over 300 miles, and crossing 11 counties in Northwest Texas for a high-voltage transmission line, including negotiation of real property interests with affected landowners, coordination of efforts amongst a wide array of engineers, valuation experts, and land acquisition agents, and, when necessary, the pursuit of eminent domain proceedings to jury verdict.
• Aided river authority with numerous projects geared towards constructing and/or upgrading transmission facilities throughout Central and South Texas, including assisting in the acquisition of dozens of parcels and obtaining property interests through eminent domain, where necessary.
• Represented municipally owned utility with land acquisition and eminent domain efforts aimed at providing essential electric power to portions of Northeast Texas.
• Assisted water conservation and reclamation district with land acquisition and eminent domain efforts aimed at providing critical wastewater infrastructure to a rapidly expanding portion of Central Texas.
• Served as counsel for municipal utility districts in conjunction with land acquisition efforts necessary to meet drainage and water requirements for residential developments in Williamson and Tarrant Counties.
• Represented independent school district with land acquisition, municipal land use, and eminent domain efforts required to modernize and revitalize aging school facilities.
• In an eminent domain lawsuit involving the acquisition of land critical to the expansion of a municipal parks system, successfully defended the municipality against the landowner’s right to take challenge and achieved a favorable settlement as to just compensation, resulting in acquisition of the necessary land for fair market value.
• Represented municipality in acquisition of rights in conjunction with the development, design, and construction of improvements along key corridors to enhance mobility, safety, and connectivity.
• Obtained directed verdict in jury trial on behalf of midstream company in Madison County, Texas, with the court’s judgment reflecting the exact relief sought.

Landowner Eminent Domain Representation: Representation of property owners and other real property interest holders in seeking just compensation under the Texas Constitution and protecting their property rights. Representative matters include:

• Secured just compensation for a developer in excess of $4.2 million over TxDOT’s initial offer for a roadway taking bisecting a planned commercial development in Travis County, Texas.
• Secured just compensation for a developer in excess of $4.1 million over the City of Dallas’s initial offer in conjunction with the City’s taking of commercial property for a pump station to be constructed on the Trinity River in the immediate vicinity of downtown Dallas.
• Secured just compensation in excess of $2 million over TxDOT’s initial offer for a real estate developer whose property was bisected by a 40-acre roadway taking in Hood County, Texas.
• Secured just compensation for a residential developer in excess of $2.6 million over Williamson County’s initial offer in conjunction with a 21-acre roadway taking bisecting a 464-lot platted subdivision.
• Secured just compensation for a developer in excess of $500,000 over TxDOT’s initial offers for a roadway taking crossing numerous commercial parcels in Dallas County, Texas.
• Representation of lienholders and other property interest holders in defending their interests in various condemnation matters.

General Business Litigation

• Representation of market participants in the Texas electric industry in over 100 cases in a multidistrict litigation (MDL) involving claims arising from Winter Storm Uri, including obtaining dismissal of numerous claims on jurisdictional grounds.
• Defended generic active pharmaceutical ingredient (API) development and supply company in the United States District Court for the Western District of Texas against breach of contract claims surrounding the development and sale of a generic Sumatriptan injector system, including trial by jury.
• Defended governmental employees against declaratory, injunctive, and ultra vires claims, ultimately obtaining a dismissal of the employees with prejudice on governmental immunity grounds.
• Argued special appearance on behalf of Connecticut limited liability company facing numerous claims in Travis County district court, resulting in a dismissal of the lawsuit with prejudice for lack of personal jurisdiction.
• Obtained final summary judgment against individual claiming trespass damages in connection with the filming of a television commercial in Elgin, Texas, and successfully argued for the affirmance of the judgment before the Third Court of Appeals. See Matthews v. Solomon, No. 03-15-00474-CV, 2017 Tex. App. LEXIS 1749 (Tex. App.–Austin Mar. 2, 2017).
• Defended homeowner’s association against claims for breach of contract and violation of the Texas Fair Housing Act, ultimately culminating in the claimant non-suiting his causes of action with prejudice.
• Defended utility company against wholesale electricity provider in contract dispute arising out of long-term power purchase agreement.
• Achieved favorable settlement for commercial tenant facing breach of contract claims in connection with alleged water damages sustained to leasehold premises.
• Negotiated pre-suit settlement of property damages claim on behalf of the owner of a unit within a high-rise luxury condominium in downtown Austin, Texas.

• Texas Rising Star, Super Lawyers by Thomson Reuters, 2019-2023
• Named to “Up-and-Coming 100: Texas Rising Stars” list, Super Lawyers by Thomson Reuters, 2022-2023
• “Austin’s Top Attorneys” List – Eminent Domain, Austin Monthly, 2021-2022
• Austin Under 40 Finalist, 2020, 2023
• Fellow, Texas Bar Foundation, 2019-Present

• Speaker, “Utility Easements: A Look at New Acquisitions and Existing Easements,” ALI-CLE’s Eminent Domain and Land Valuation Litigation 2023 Conference (February 2023)
• Speaker, “Cutting-Edge Issues in Utility Easement Acquisitions,” 19th Annual CLE International Eminent Domain SuperConference, Austin (February 2020)
• Co-Author, “Texas Supreme Court Reaffirms Validity and Scope of General Easements,” Jackson Walker Insights (February 2020)
• Co-Author, “Legal Fees: Staying Grounded in the Basics in an Ever-Changing Environment,” Austin Lawyer (September 2018)
• Speaker, “Measuring Just Compensation,” Eminent Domain and Private Property Rights Law Course, University of Texas School of Law (March 2018; March 2017)
• Speaker, “Conflicts of Interest & Other Important Considerations for Your Practice,” IRWA Spring Seminar (April 2017)

• Austin Bar Association – Eminent Domain Section
  • Chair, July 2022 – July 2023
  • Vice Chair, November 2021 – June 2022
• Waterloo Greenway (f/k/a Waller Creek Conservancy)
  • Development Committee, 2018-Present
• Generation Waller
  • Community Engagement Committee, Chair, 2018
  • Steering Committee, Member, 2018
  • Community Engagement Committee, Member, 2017-2018
• Austin Young Lawyers Association
• State Bar of Texas
• American Bar Association