Eminent domain

Someone is trying to take your land.
Fight back.

When governments or other entities threaten your property, you have more rights—and more leverage—
than they want you to know. Chris Johns has been defending landowners and their property rights for over 20 years.

Just received a letter or an offer?

Do not sign anything yet. The first offer is almost never the fair one—and once you sign, your options become very limited. A free consultation costs you nothing and could change everything.

Let's discuss your case

WHAT IS EMINENT DOMAIN

They say they have the right
to take your land.
Do they?

Eminent domain is the legal power to take private property for public use. The roots of this power go back to medieval England, where the king's “domain” meant the crown ultimately owned all land and could reclaim it upon payment of fair compensation. That concept carried over into American law.

The Takings Clause of the U.S. Constitution’s Fifth Amendment requires two things: the taking must be for public use, and the owner must receive just compensation. Those two requirements are where most disputes happen in eminent domain cases.

What surprises most landowners is that it is not just the government that can exercise this power. In Texas, pipeline companies, electric-transmission-line companies, and private toll-road authorities can also hold eminent domain power—even when they are purely private businesses.

The government—and some private companies—can take your land. But there are rules.

Who can take your land in Texas?

(partial list)

  • Federal and state governments

  • Counties, cities, and local governmental authorities

  • Pipeline companies (common carriers)

  • Electric-transmission-line companies

  • Private toll-road authorities

  • Railroads

  • Water districts, MUDs, and utility companies

THE TWO ISSUES IN EVERY CASE

Every eminent domain case comes down to two questions.

The answer to the first determines whether you fight the taking.
The answer to the second determines how much you receive.

01

Do they have the right to take your land?

Not every taking is legal. The condemnor must show there is a legitimate public use and that they have proper authority for the taking. In a narrow but important set of cases, the taking can be stopped entirely—before compensation questions are decided.

We have helped defeat multi-billion-dollar
pipeline projects on this question alone.

02

If they can take it,
how much must they pay?

This is where most cases are won or lost. Just compensation means market value, but the fight is over what that value really is. Highest and best use, remainder damages, and severance damages are where landowners most often leave significant money on the table.

In Texas state courts, you have the right to
a jury trial on this question.

The condemnation process, step by step.

WHAT HAPPENS AFTER THE LETTER ARRIVES

Most landowners do not know what is coming next. Here is the typical sequence—and where your leverage is at each stage.

01

The condemnor reaches out with an offer and asks you to sign. This is the most critical moment. Don’t sign anything. The offer at this stage is almost always below fair value—and signing waives your right to negotiate or seek more in court.

Initial contact (letter or visit)

02

In Texas, the condemnor must make a bona fide offer before filing suit. That offer must be based on an appraisal, but the condemnor’s appraisal and your appraisal will almost certainly disagree. This is your first opportunity to push back.

“Bona fide” offer requirement

03

If no agreement is reached, the case goes to a panel of three special commissioners who set an initial compensation amount. Either side can object to the compensation award and appeal to the court.

Special commissioners’ hearing

04

In Texas state courts, you have the right to a jury trial on the amount of compensation for the taking. This is one of the most powerful tools a landowner has. A jury of your peers—not a government official—decides what your property rights are worth.

Trial court—jury trial

05

Either party can appeal the verdict. Chris Johns has briefed and argued high-stakes appeals in the U.S. Supreme Court, the Texas Supreme Court, and many other federal and state courts of appeals around the country.

Appeal

JUST COMPENSATION - WHAT IT REALLY MEANS

Where the real money is—and where landowners lose it.

The condemnor will usually pay something for the part they take.
The fight is almost always about the impact that the taking has on your remaining land.

The part taken

In many cases, condemnors will offer to pay a reasonable amount for the value of the easement or the specific land that they take. But payment for the “part taken” rarely makes the landowner whole. The biggest differences of opinion—and where landowners need the most support—are usually about the impact that a taking has on the value of your remaining land.

Remainder damages

When a taking affects the value of the land left behind, you are entitled to compensation for that too. This is where most landowners leave the most money on the table. The condemnor will argue that your remaining property was not affected at all. Market participants and smart juries know better.

Highest and best use

Your land is valued at what it could be used for—how market participants would use it, not just what it is being used for today. Agricultural land near a growing area may be worth far more for commercial or residential development. This argument alone can dramatically change your recovery.

Specific to pipeline, condemnation, and property takings in Texas.

Eminent domain questions we hear most.

FREQUENTLY ASKED QUESTIONS

  • We cannot tell you what is right for your situation until we are your lawyers. What we can tell you: The first offer is almost never a fair offer. Condemnors— whether a pipeline company, a utility, or a government agency—are experienced at making lowball offers and convincing unsophisticated landowners that their offers are final and reasonable. They are not.

    For example, in Texas pipeline condemnations, about 93% of landowners accept the first offer, or something very close to it. Without good legal representation, those landowners receive significantly less than they could have. On average, our clients facing pipeline condemnations have netted 5.4 times more than the initial offer.

    You are not required to accept any offer. You have the power to hire a good lawyer and your own appraiser and to take the case to a jury if necessary. The moment you sign, your options narrow dramatically. Before you do anything, speak with a skilled eminent domain lawyer who represents landowners.

  • A full taking means the condemnor acquires ownership of your land in its entirety. An easement means the taker acquires the right to use a defined strip of your land—for a pipeline, power line, road, or other infrastructure—while you retain the underlying ownership. 

    Easements can be permanent or temporary. They can be narrow or wide. They can allow a single pipeline or multiple pipelines. The terms matter enormously, and pipeline companies routinely ask for far more in their easement agreements than they could ever obtain in court. 

    Both full takings and easements require just compensation. And both types of takings can significantly reduce the value of the land you keep, which is where the real fight often is.

  • When a taking affects the value of the land you keep—not just the part that was taken—you are entitled to compensation for that loss, too.  These types of losses are called remainder damages, or severance damages. 

    Here is an example: a pipeline easement cuts across the middle of your ranch. The pipeline company pays you for that strip of land. But now your property is divided, access is restricted, future development is constrained, and buyers will discount the value of your remaining land because of the pipeline. That reduction in value is real—and is compensable.

    Pipeline and utility companies routinely argue that your remaining land is unaffected. In most cases, that is not true. Arguments for remainder damages are one of the most important arguments a landowner's lawyer can make. If this isn’t done effectively, you’ll likely receive much less than what the law requires.

  • Yes, in some cases. It’s always worth asking this question.

    To exercise eminent domain, a condemnor must have legitimate legal authority and must demonstrate a valid public use and a public necessity for the taking. Those requirements are not automatic. We have helped defeat multi-billion-dollar pipeline projects, a port’s attempted taking of our clients’ land, and other projects by challenging the condemnors’ right to take.

  • For eminent domain cases, Johns & Counsel typically works on a contingency basis—meaning you pay no upfront legal fees.

    Our fee is calculated as a percentage of the amount recovered above the condemnor’s initial written offer. If we do not improve on what you were already offered, you owe us nothing for that portion of the work.

    We will explain the exact terms of our fee agreement during your free consultation—before you commit to anything.

You received an offer. Now what?

Send us the offer letter, and we will tell you what we think—before you commit to anything.

Let's discuss your case