Find Lawyers in Texas, United States for Eminent Domain and Condemnation Law
Practice Area Overview
More recently, government has perceived a need to expand the exercise of eminent domain beyond its classic takings context to include a variety of “rationally conceivable” public benefits thinly tethered to public use. In these instances, lawyers are asked to advise their clients on whether the government has been faithful to its constitutional duties to take property only for a public use upon payment of just compensation and in accordance with statutory procedures enacted to protect property owners.
In instances where governmental regulations “go too far” and impose burdens on private interests that should be borne by the public as a whole, lawyers evaluate whether the regulation unconstitutionally deprives the owner of all economically viable use of property or has a significant impact on its value and the owner’s investment-backed expectations.
The Takings Clause also places limits on the power of government to impose exactions for development permits. These exactions may be fees, dedications of real property, or other obligations asserted to offset the impact of a development project. Under the doctrine of unconstitutional exactions, a benefit demanded of the landowner must have a nexus to the impact of the development and be roughly proportional to its anticipated effects.
In many instances, lawyers in this practice area engage experts in appraisal, construction, development, economics, environmental remediation, engineering, permitting, planning, zoning, and related professions to secure fair treatment, fair value, and a fair understanding of whether one of the most potent powers granted to government has been exercised in fidelity to lawful mandates.
Christopher M. Clough joined Barron, Adler, Clough & Oddo, PLLC in 2008 and has been a Managing Partner since 2014. Previously, Mr. Clough spent four years with the Transportation Division of the Attorney General’s office, representing the State of Texas predominantly in eminent domain matters. He focuses on major road projects throughout the state and other major land use cases including such recent cases as AM Peeler Ranch, LLC v. San Miguel Electric Cooperative, Inc., and City of...
Billy Coe Dyer is a board-certified civil trial attorney with more than 30 years of experience representing landowner clients against condemning authorities at the local, county, state, and national levels. Widely recognized as an authority in the condemnation and eminent domain arenas, Billy’s lengthy list of notable victories includes the largest jury verdict for a property owner in a condemnation case in Texas and representation of the landowner in Interstate Northborough, the Texas ...
Fred focuses his practice on civil litigation and appeals. His background includes litigation involving public law issues and real estate and commercial disputes. Fred has represented clients in a wide variety of litigation involving governmental matters, including condemnation and inverse condemnation proceedings, construction disputes, election contests, zoning controversies and contract actions. He has extensive experience with regard to eminent domain law, having represented both acquirin...
Charles is a board-certified civil trial lawyer and primarily represents property owners in securing just compensation when government takes private property for public use. While his experience has included takings projects for highway expansion, pipelines, electric transmission lines, and flood control, Charles’s principal practice is focused on highway and roadway widening projects impacting retail, commercial, and industrial uses. Charles has obtained successful special commissioner...
Christopher J. Oddo exclusively focuses on representing individual and corporate landowners throughout Texas in eminent domain and condemnation matters. He is a member of the American Board of Trial Advocates and is recognized by Best Lawyers in America for eminent domain and condemnation law and litigation for land use and zoning matters. Mr. Oddo has also been recognized by Austin Monthly as one of Austin’s top eminent domain attorneys. Mr. Oddo is a partner with Barron, Adler, Clough...
Marie D. Harlan joined McFarland PLLC in 2017 from Jackson Walker LLP, where she gained a wide range of litigation experience in both state and federal courts. Marie graduated with honors from the University of Texas School of Law in 2014, where she was admitted to the Order of the Coif, served on Texas Law Review , and was a finalist in the Duberstein Bankruptcy Moot Court Competition. After graduation, Marie clerked for the Honorable U.S. Bankruptcy Judge Jeff Bohm of the Southern District ...
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