CONDEMNATION

WHAT IS CONDEMNATION LAW?

The condemnation process begins with an offer to the property owner from a condemning authority - either a federal, state, county, or local governmental entity - or a private corporation that has been legislatively delegated the power of eminent domain. In many cases, the initial offer is lower than the actual loss of value to the property owner. Before making the decision to accept or reject the offer, a property owner should seek an attorney with experience in condemnation matters.

PDH CONDEMNATION LAW SERVICES

For our client property owners, we first determine whether the offer is fair. If it is not fair, we either negotiate a higher offer or pursue a claim through the administrative process, and through a trial and appeal if necessary. On behalf of our property owner clients, we have been involved in the condemnation of properties of all sizes, shapes, and uses, whether improved or unimproved, and including residential, commercial, industrial and agricultural properties.

One of the valuable services we bring to the table is bringing in or involving the efforts of various professionals necessary to help us properly assess the loss of value. This strategy/approach allows us to overcome lower values commonly asserted by the condemning authority. Our network of professionals includes real estate appraisers, land planners, engineers and real estate brokers. They support us in assessing the highest valuation and best use of a property, its market value, and the effects on both the property and its value as a result of the condemnation.

In addition, the PDH shareholder in charge of our Condemnation Law Practice Section has been appointed by the courts as a Special Commissioner in several condemnation proceedings involving a variety of property types. This experience from the commissioner's point of view has proven insightful in handling condemnation cases for our own property owner clients.

FEE ALTERNATIVES

We offer three types of fee arrangements for condemnation matters: (1) hourly rates plus expenses incurred by our third party professionals; (2) a blended hourly rate and contingency fee, with the client paying a reduced hourly fee, plus the expenses for third-party professionals, with our firm then receiving an agreed upon percentage of any excess recovery, being the amounts recovered for our client over and above the original offer by the condemning authority; and (3) a straight contingency fee arrangement, with our firm being responsible for all legal fees and expenses, then receiving an agreed upon percentage of any excess recovery, being the amounts recovered for our client over and above the original offer made by the condemning authority. ABOUT US to discuss the fee arrangement alternatives we offer our clients in commercial collection matters.

CONDEMNATION MATTERS DEALS AND DISPUTES

PDH has represented a variety of property owner clients in negotiating with the City of Houston, Harris County, MUDs, private water line companies, TXDot, and others in obtaining compensation over and above the original offers. These have included: (1) acquisitions for road, street, and highway expansion projects; (2) acquisitions for drainage, sewage, flood control, and reservoir projects; and (3) acquisitions for water lines, electric transmission and distribution lines, fiber optics lines, and pipelines for the transportation of various types of substances. In one specific case representative of matters we handle, following a jury trial, our client recovered a total award in excess of $450,000 for taking a 50'x50' parcel for use as a sewer lift station, in which the city condemning authority asserted the actual loss of value to be less than $90,000.

Dennis A. McQueen,
Managing Shareholder
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