Overview | National Recognition | Coordination of Experts and Consultants | Various Types of Cases Handled | Services
Overview
Vinson & Elkins LLP has a nationally recognized Condemnation and Land Use Litigation Group as part of its General Litigation Section which is dedicated to condemnation and land use trial and appellate work. The lawyers in this Group have significant experience in litigating against federal, state, county, and local governments as well as private corporations that have been legislatively delegated the power of eminent domain. Our representation includes properties of all sizes, shapes, and uses including residential, commercial, industrial, ranch, and special purpose (schools and churches) properties, as well as vacant land. We have been involved in some of the largest condemnation and inverse condemnation cases in the Southwest (and some of the smallest), and have tried many precedent-setting condemnation and inverse condemnation cases in the state and federal courts that have involved takings for roads, streets, highways, drainage projects, flood control projects, national preserves and parks, schools, energy and utility plants, salt domes, electric transmission lines, telecommunications lines, and pipelines of all sorts.
National Recognition
The lawyers in the Condemnation and Land Use Litigation Group are known throughout the country as being tops in their field of practice, frequently lecturing on eminent domain and land use issues before such nationally acclaimed organizations as the American Law Institute/American Bar Association, The Southwestern Legal Foundation, CLE International as well as before various statewide organizations including the State Bar of Texas and various right-of-way and appraisal organizations. In addition, the lawyers in this group have written numerous articles that deal with condemnation and land use issues which have been published in nationally recognized legal publications.
Coordination of Experts and Consultants
The Condemnation and Land Use Litigation Group has extensive experience in working with real estate appraisers, land planners, engineers, real estate brokers, and other professionals to assess carefully the highest and best use of the property, and its market value, that may be involved in a condemnation proceeding or that otherwise may be detrimentally affected by a public project giving rise to a compensation claim. One of the important services we "bring to the table" for our clients is coordinating the efforts of the various professionals who may be necessary to assess the property use and valuation issues that are involved in cases like these to assure that the client is given every reasonable opportunity to be justly compensated.
Various Types of Cases Handled
The following is a representative sample of various types of cases in which we have been involved in our condemnation and land use trial and appellate practice:
- acquisitions for road, street, and highway expansion projects;
- acquisitions for drainage, flood control, and reservoir projects;
- acquisitions for electric transmission and distribution lines, fiber optics lines, and pipelines for the transportation of various types of substances;
- acquisition of gas storage facilities; and
- acquisitions for National parks, State parks, nature preserves and refuges, and for the Strategic Petroleum Reserve program.
For specific examples of cases in which we have been involved and the results we have achieved, we will be more than happy to discuss the same with you if you will e-mail us or give us a call.
Services
No case is too large or too small for us to handle if it makes economic sense for the client. A nutshell view of the services that we provide and resources that we have available to our clients is as follows:
Firm Resources. The firm's experience, resources, and staff make it well-suited to handle complex eminent domain and land use matters. In the United States, we have office locations in Houston, Austin, Dallas, Washington and New York which enables us to more easily assist the property owners across the State of Texas in their condemnation and land use cases, as well as offices in Washington for any inverse condemnation cases that may be filed against the federal government or to assist us in various federal regulatory matters and other federal questions that may arise. Because our offices are networked, we can draw on the experience and insight of the numerous other practice groups in the law firm (e.g., environmental, energy, business, corporate finance) almost instantaneously wherever the property may be located or wherever the case may be litigated.
Pre-condemnation Planning. Eminent domain cases begin months and sometimes years before the actual "acquisition" of property from the property owner. Actions taken by the property owner prior to the actual "taking" of the property in anticipation of a governmental acquisition can potentially affect the final outcome of the case. For this reason, it is important to consult with an experienced attorney as soon as the property owner learns of the condemning authority's activities that may affect the property so that the property owner does not lose or compromise important rights. We can quickly gather relevant information and carefully assess a potential case to offer valuable assistance to a property owner in such matters.
Special Commissioners Hearing. In Texas, eminent domain cases must first go through an administrative phase called a Special Commissioners' hearing before proceeding to a jury trial. It is much like a nonbinding mediation before three persons. Oftentimes, condemnation cases can be resolved at this administrative level without the necessity of a jury trial. Having handled hundreds of these types of proceedings over the years, our attorneys have extensive experience in presenting the property owners' compensation cases at the administrative level in a concise but persuasive way which may be beneficial in the ultimate resolution of the compensation issue.
Mediation. If the Special Commissioners' decision is appealed, generally the case is tried in the courthouse like all other civil cases. Virtually every condemnation case now goes through a court-ordered mediation before jury trial. While different from trial practice, we consider mediation an important tool to achieve our clients' goals without the risk and expense of jury trial in appropriate cases. We have participated in a substantial number of mediations in connection with our condemnation and land use practice and, thus, have significant experience in this part of the condemnation process.
Trial Practice. For cases which must be resolved by jury trial, our attorneys' possess extensive trial experience in trying condemnation cases both in state and federal court. The years of experience we have is critical in evaluating a condemnation case and recognizing the proper manner in which to proceed with it to obtain a fair and just compensation result in a jury trial. Moreover, if the case must be tried, it is vitally important to have experienced trial lawyers on your side who have extensive experience in this area of the law. This is one of the most significant strengths we can offer our clients.
Technical Support. Simple, clear, demonstrative exhibits play an important role in conveying the case to the jury, from a depiction of the whole property before the taking to the remainder property after the taking. We are long on experience in working with various professionals who prepare the types of exhibits that will help convey to the jury a clear and concise understanding of the compensation issues so that a fair and just compensation result can be achieved for our clients.
Appellate Representation. Sometimes condemnation and land use cases are appealed to the Court of Appeals or, ultimately, to the Supreme Court. Our eminent domain attorneys have extensive experience briefing and arguing these appeals in both federal and state court, drawing when appropriate on the firm's noted Appellate Section. There is no substitute for experience from those qualified to handle the appeals of these types of cases. We have it.
Inverse Condemnation/Regulatory Takings. There are times when governmental activities result in the "taking" or "damaging" of private property without a statutory condemnation proceeding being filed. Whether the government has physically encroached upon private property for a public project or applied a regulatory provision that substantially denies the beneficial use of the property, a "taking" may have occurred triggering the government's obligation to pay just compensation. We regularly represent property owners in these types of matters in both state and federal court.
Protection of Private Property Rights. Vinson & Elkins LLP's eminent domain and land use practice extends beyond the representation of various people in condemnation and inverse condemnation cases. For more than 50 years, the firm has devoted itself to the preservation and protection of private property rights. Our commitment is reflected in all that we do, including our advocacy for enhanced legislative and constitutional protection for private property rights before the Texas Legislature and other public forums; speaking throughout the country on eminent domain and land use issues; and researching and writing articles published in various educational publications in an effort to promote fairness in this area of the law. These efforts we believe will put both the property owner and the condemning authority on equal footing in each condemnation or inverse condemnation case so that the ultimate objective of securing just compensation for those whose property is taken for a public use or benefit can be fairly achieved.
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