Condemnation & Eminent Domain Litigation
A small but experienced group of Jackson Walker lawyers have devoted a majority of their careers to helping condemnors acquire the property interests they need to construct public projects. This team is led by Robert Neblett, one of the most experienced and successful trial lawyers in the State. These lawyers have worked together on some of the largest projects in Texas, including a 325-mile transmission line and 1,800-acre rail yard. As a result, within the condemnation bar, this team possesses unparalleled project management experience and skills that are absolutely necessary to ensure success. Because they have a reputation as tenacious, fearless, knowledgeable, and prepared litigators, they often deliver great results before trial – by negotiating or mediating a settlement.
Speed
Every Condemnor has contractual and service commitments that drive the schedule. Numerous parties can support or thwart that schedule: surveyors, appraisers, land agents, title agents, landowners, opposing counsel, and courts. We can review your plan, or formulate one, to ensure that it supports successful acquisition of every parcel on time. We were recently the lead condemnation lawyers for a 325-mile long electric transmission line that was delivered on time and under budget.
Efficiency
We first identify one person to oversee the day-to-day activities for the project. This coordinator works with other attorneys and paralegals to ensure that tasks are being accomplished and potential problems are quickly identified and solved.
Client Communication
For projects involving numerous parcels, Jackson Walker uses its proprietary software to create an extranet site. Through it, client representatives can access the current status of every case. The extranet expedites communication and provides all members of the team immediate access to basic, but important, project information and documents.
Success
At each hearing, we routinely use PowerPoint and Google Earth imagery to educate the panel about the project, the landowner’s property, the surrounding properties and the marketplace. Well in advance of a scheduled hearing, we begin assembling aerial imagery, photography, conveyance instruments, surveys, project graphics, flood plain and contour maps, sales data and the like. In sum, the Jackson Walker Eminent Domain team knows that the combination of advance planning and use of the best available technological resources, plus experienced advocacy and trial skills leads to success.
- Lead condemnation counsel for Lone Star Transmission LLC in its construction of a 325-mile electric transmission line crossing 11 counties and involving 671 parcels.
- Lead condemnation counsel for Union Pacific Railroad Co. in its construction of an 1,800-acre classification yard in Robertson County.
- Lead condemnation counsel for Central Texas Regional Mobility Authority’s expansion of Highway 183 South, one of the most important and busiest transportation corridors in Central Texas.
- Lead condemnation counsel for the Lower Colorado River Authority.
Jackson Walker Secures Landmark Victory at Texas Supreme Court for Hidalgo County Water Improvement District No. 3
A Jackson Walker team led by Jennifer Caughey, Brad Anderson, and Danica Milios secured a major appellate victory for the Hidalgo County Water Improvement District No. 3 in an important eminent domain and immunity dispute before the Supreme Court of Texas. The central issue was whether a land-owning governmental entity could unilaterally stop an authorized condemnation by asserting governmental immunity from suit.
Client Results • May 19, 2023
Jackson Walker Secures Texas Supreme Court Grant of Petition to Review Eminent Domain Dispute Between Hidalgo County Water Districts
The Supreme Court of Texas granted Jackson Walker client Hidalgo County Water Improvement District No. 3’s petition for review on an important eminent domain appeal, which addresses what happens when one condemning authority seeks to use another public entity’s land. The Court is set to hear oral argument in this case on January 12, 2023.
Client Results • December 6, 2022
Paving the Way for High-Speed Rail, Texas Supreme Court Rules in Favor Of Jackson Walker Client Texas Central, Agreeing that Texas Central Has Eminent Domain Authority
In a 5-3 decision on June 24, 2022, the Texas Supreme Court ruled that Texas Central Railroad & Infrastructure Inc. has eminent domain authority, greenlighting its proposed high-speed rail project.
Client Results • June 24, 2022
Jackson Walker Client Featured in Right of Way Magazine
Jackson Walker client Lone Star Transmission, LLC was recently featured in an article in Right of Way Magazine about the Texas utility provider’s massive project to construct 320 miles of electric transmission lines that will carry much needed electricity from wind farms in West Texas to consumers throughout the state.
Client Results • January 24, 2014
More Condemnation & Eminent Domain Litigation Client Results
Reagan Marble and Joe Regan to Present on Deed Construction Cases and Infrastructure Projects at Ernest E. Smith Oil, Gas and Mineral Law Institute
At the 49th Annual Ernest E. Smith Oil, Gas and Mineral Law Institute, Reagan Marble and Joe Regan will present on issues such as the takings of oil and gas infrastructure by government entities, maximizing compensation, and on equitable defenses in deed construction cases.
Speaking Engagements • April 11, 2023
Sue Ayers to Speak on Fee-Related Lawsuits at IRWA Chapter 36 Spring Seminar
Sue Ayers will present “Mo Money Mo Problems: Lawyers & Clients STILL Suing Each Other Over Fees” at the IRWA Chapter 36 Spring Seminar focusing on the ongoing issue of lawyers and clients suing each other over fees.
Speaking Engagements • April 10, 2023
Sue Ayers and Noah Galton to Discuss Ethics and Emerging Issues at Texas Eminent Domain Conference
During the 22nd Annual Texas Eminent Domain Conference, Sue Ayers and Noah Galton will share their insights related to ethics and cutting-edge eminent domain issues.
Speaking Engagements • April 6, 2023
Noah Galton to Discuss Utility Easements at Eminent Domain and Land Valuation Litigation 2023 ALI-CLE Conference
Noah Galton is scheduled to present “Utility Easements: A Look at New Acquisitions and Existing Easements” with Nicholas Laurent (Barron, Adler, Clough & Oddo) at ALI-CLE’s 40th annual Eminent Domain and Land Valuation Litigation course on Friday, February 3, 2023.
Speaking Engagements • February 1, 2023
‘The Best Lawyers in America’ Honors 178 Jackson Walker Attorneys in 2022 Edition, Including 8 “Lawyers of the Year” and 31 “Ones to Watch”
The Best Lawyers in America has recognized 178 Jackson Walker attorneys across 6 offices and 67 specialty practice areas in its 2022 edition, including 8 Lawyers of the Year and 31 Ones to Watch. Best Lawyers listings are based on an exhaustive peer review survey of thousands of attorneys who vote on the legal abilities of others in their practice areas.
Attorney News • August 19, 2021