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Eminent Domain

As the Gulf Coast and North and Central Texas regions experience tremendous growth, eminent domain disputes associated with this growth have increased, particularly in the energy sector.

Related Professionals

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C. Matthew Terrell

Frederick D. Junkin

Elly Austin Vecchio

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Related Practices

Related Industries

Critical infrastructure or commercial projects can hang upon successfully resolving an eminent domain dispute. From initial filings and negotiations to possible litigation if needed, Phelps’ experienced eminent domain lawyers can keep projects on track and resolve disputes at every stage. We also understand the sensitivity of condemnation and land disputes. That’s why we work diligently to protect our clients’ goodwill in their community through a productive media relations strategy.

Eminent Domain Counsel for Vital Infrastructure Projects

Navigating the procedural requirements and administrative demands of eminent domain and expropriation is a race against time. Local governments, businesses and public utilities rely on an experienced team to efficiently guide their acquisition so that their critical infrastructure project can get moving. For over 30 years, Phelps has helped clients across Texas and the Gulf South with such time-sensitive projects. We keep projects on track, negotiate acquisitions and, if needed, defend our clients against inverse condemnation claims.

Our lawyers have secured our clients’ eminent domain rights through all stages of the acquisition process and across a vast range of natural gas, petroleum and water pipeline projects, including:

  • Roads, railroads and light rail
  • Hydrocarbon pipelines
  • Electric transmission lines
  • Telecommunication facilities
  • Drainage and detention facilities
  • Water lines
  • Storm and sanitary sewer lines
  • Parks
  • Sports venues

 

Services

  • Draft filings and board resolutions
  • Property acquisition negotiations
  • Easement/Right-of-way acquisition and protection
  • Defense against inverse condemnation claims
  • Protect existing easements from impairment or encroachment
  • Public use/necessity analysis
  • Litigation at both administrative and trial levels
  • Partnership with media relations and public relations advisors

Experience

$1B

Infrastructure Expansions

Preserved leading energy company’s rights to lay, operate and maintain its $1 billion, 176-mile natural gas pipeline in first-of-their-kind trial wins over servitude rights, securing permanent injunctions against competitor.
Counsel to one of the five largest electric utility transmission and distribution companies in the United States in over 200 eminent domain related litigation and contractual matters.
Counsel to one of the United States' largest natural-gas-only distributors in multiple eminent domain cases throughout the State of Texas.
Successfully represented client before Texas Supreme Court in litigation involving complex condemnation issues related to access to property.
Successfully represented Tarrant County in litigation to establish the location of Tarrant County’s disputed northern boundary line. Such litigation involved complex property law questions and complicated surveying issues and required multiple appeals/original proceedings before the Tarrant County Court of Appeals and the Texas Supreme Court.

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