Dallas Eminent Domain Lawyers

Eminent Domain & Condemnation Cases

Under eminent domain, the government has the right to seize your private property for public use. To be lawful, the seizure must involve fair payment, meaning the government agency must pay you the fair market value for your property.

Eminent domain cases often give rise to disputes between government agencies and private property owners. It is important that you work with a knowledgeable attorney, like those at Potts Law Firm, to ensure your rights are protected throughout the legal process. We have helped clients successfully challenge the legality of condemnation and seizure, as well as pursue the actual fair market value for their properties seized under eminent domain.

For help with your case, contact our Dallas eminent domain attorneys at (214) 238-8572. Your initial consultation is completely free and confidential.

What Is Eminent Domain?

Eminent domain is covered under the Fifth Amendment to the U.S. Constitution. It allows local, state, and federal government entities to seize personal property for public use with proper pay. This process is known as condemnation.

Eminent domain can be used by the government to seize property in order to make way for:

  • Public roads
  • Highways
  • Bridges
  • Public universities or schools
  • Public parks
  • Nature reserves
  • Water treatment plants
  • Reservoirs
  • Oil and gas production
  • Government pipelines
  • Public transportation infrastructure, such as railroads
  • Public developments

For eminent domain seizures to be legal, the condemning agency must prove the validity of public use, public purpose, public good, or public necessity. Additionally, the condemning agency must provide the property owner with just pay based on the fair market value of the property.

Common Issues Under Eminent Domain

Properties may be condemned under eminent domain for various reasons. However, the government can only utilize eminent domain to seize property for “fair public use.” The U.S. Supreme Court has left it up to the individual states to determine what constitutes “fair public use,” and, unsurprisingly, this has led to numerous grey areas in eminent domain cases.

Another common issue with eminent domain is the matter of “fair” pay. The condemning agency must offer the property owner the “fair market value” of their property—but this is largely open to interpretation. Condemning agencies often utilize independent appraisers to evaluate properties who often fail to consider numerous factors affecting current fair market value.

Stopping Eminent Domain

It is possible to stop eminent domain on one of the two following grounds:

  • Public Use: If you can prove that your property was not acquired for a valid public use or purpose, you may be able to stop eminent domain. This includes cases in which eminent domain or condemnation are utilized to seize property for private use, as well as unjustified uses.
  • Fair Market Value: You can also stop eminent domain by proving that you were not offered the fair market value for your property. In some cases, this will only temporarily halt eminent domain but can result in you receiving a fair price for your property.

If you wish to stop eminent domain or condemnation proceedings, we strongly urge you to contact our Dallas eminent domain attorneys at Potts Law Firm right away. These are highly complex cases, and it is important that you have an experienced legal team by your side, one that is committed to protecting your rights and advocating for your best interests.

For a complimentary case review, call (214) 238-8572 or reach us online using our secure form.

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    “Michael Bins has been extremely helpful in helping us to navigate a situation with an insurance claim on a commercial property. He’s gone above and beyond in moving our case toward a positive resolution that we’re satisfied with.”

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  • The Potts Law Firm is a powerhouse of brilliant attorneys.

    “They know the law from every angle, dig deep, and will not accept anything less than what was asked in the original suit. The Potts team never backed down until the case was settled in full.”

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    “The Potts Law Firm answered all of my numerous questions in layman’s terms which is what I needed. I was able to lie back & heal from my injuries knowing full well that my obligations were being handled appropriately.”

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  • Auto Explosion Seven-Figure Settlement

    Attorney Robert MN Palmer and his team secured a confidential seven-figure settlement against an automobile manufacturer for a defective fuel tank system.  The client received 3rd and 2nd-degree burns over 60% of her body when the 2004 vehicle she was driving was hit in the rear causing the vehicle to become as witnesses describe a “fireball.”

  • Avandia Aggregate Settlement Seven-Figure Settlement

    Potts Law Firm entered a high seven-figure aggregate settlement on behalf of clients that ingested Avandia and were injured.

  • Birth Injury $4.6 Million

    Derek H. Potts and Samuel Cullan were members of the plaintiff's trial team which obtained a $4,600,000 verdict for a minor delivered at Bethany Medical Center. Ariana Wilburn, the minor, suffered a spinal cord presentation after being born in the breech position.

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    Christopher D. Lindstrom and T. “Micah” Dortch represented a Bankruptcy Trustee in the Southern District of Texas.  The case involved allegations of breach of fiduciary duty by the owners of a video game developer and legal malpractice by its attorney related to the failure to properly use the funds invested by others for the creation of an online first-party shooter game.

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    Eric G. Jensen represented a bright young lady and new mother who was hit by another car at an intersection in Springfield, Missouri.  After a lengthy trial, the Greene County, Missouri jury awarded this client $400,000 for her permanent back injury.

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    Derek H. Potts was co-lead counsel with Thomas Cartmell in representing John Novogradac of Kansas City whose health was neglected during his stay at two nursing home facilities. Mr. Novogradac developed bedsores on his body and had above-knee amputations on both legs after his wounds became severely infected with gangrenous and dead tissue.

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    “Micah” Dortch and Chris D. Lindstrom represented a United States Bankruptcy Trustee in C.A. No. 4:11-cv-3700; Rodney Tow vs. Amegy Bank, John H. Speer et. al, in the United States District Court for the Southern District of Texas.  After over Ten Million Dollars in pre-trial settlements with various defendants, the case proceeded to trial against the target defendant with an ultimate verdict in favor of the Plaintiff.

Fighting Tirelessly for Property Owners’ Rights

At Potts Law Firm, we have seen firsthand how eminent domain is misused by government agencies in an attempt to justify unlawful private property seizure. We have helped property owners who have suffered significant financial losses due to unjustified condemnation and seizure under eminent domain. We have extensive experience assisting property owners in filing inverse condemnation claims against government entities to seek fair compensation for affected properties without the formal exercise of eminent domain. Our attorneys are well-versed in Texas property owners’ rights, zoning laws, public use definitions, fair market valuations, and related matters. No matter how complex your situation may be, our team is ready to fight for you.

Our large, diverse team of litigation lawyers brings a wealth of knowledge and experience to our practice. Though we have the resources of a well-established firm, we continue to offer the personal attention and service of a boutique law office. You can expect to receive consistent communication from your legal team throughout the entire process.


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