Eminent Domain

Eminent domain, also called “condemnation power,” is the power of the state or federal government, and private companies acting under government authority, to condemn and force the sale of private property for public purposes. As Texas's population continues to grow, its need for basic infrastructure—highways, roads, rail lines, electric-transmission lines, gas pipelines, water pipelines, and other public projects—will continue to rise. While some of this growth may be accommodated by updating existing infrastructure, there will be a need for new projects. Whether you own commercial, residential, or rural property, there is a chance all or part of your property might be condemned.

The United States and Texas Constitutions guarantee just compensation when a condemning authority takes private property. The true value of the property to be taken is often a matter of intense debate in a condemnation proceeding. Given this fact and the complexity of the legal process in this area of the law, a party to a condemnation suit often benefits from hiring legal counsel with the skill and experience to seek a favorable outcome.

Our condemnation recoveries are among the largest “spreads” between low offers and high recoveries in Texas history, and our clients have had success in obtaining not only favorable settlements but also trial-court and appellate victories throughout Texas. Our News & Events webpage features a sample of the cases we have handled for our clients.

Commercial Litigation

Commercial litigation is the process of resolving business and financial disputes in court by trial or settlement. Our attorneys have handled a broad range of commercial and complex litigation, including cases involving breach of contract, real estate, land use, wrongful death, personal injury, oil and gas, and business torts, such as fraud and breach of fiduciary duty. Our attorneys have helped clients achieve success in both federal and state courts and in both trials and appeals. Equally important, our clients often seek our advice before their commercial disputes develop into actual litigation, helping them to avoid litigation altogether or to strengthen their position in advance of the filing of a suit.

Probate Litigation

The word “probate” describes the legal process of proving that a deceased person’s will is valid. It has also come to describe the settling of a decedent’s financial affairs, or “estate.” Probate is ordinarily begun by relatives or beneficiaries of the deceased person. In Texas, this process takes place in county courts with specialized jurisdiction called “probate courts.” The Texas Probate Code affects not only wills but also all matters related to the estates of deceased and incapacitated persons, guardians, and trusts.

Few areas of the law generate more bitter disputes than those involving a deceased or incapacitated relative. Attorneys involved in such litigation must be familiar with the nuances of the law governing wills, estates and guardianships, as well as the local probate court’s procedures, in order to protect a client’s interests. The firm’s attorneys have extensive experience in probate litigation and have appeared in probate courts throughout the state.

Appeals

Every case begins in a trial court, and just about every case will eventually end there. The parties may decide to settle and ask the trial court to dismiss the case or to enter a judgment agreed to by the parties. The trial judge may enter judgment for one of the parties, either before or following a full trial. When that happens, a party unhappy with the outcome (usually the losing side) may ask an appropriate court of appeals to review the case. And appeals are sometimes possible even before a case comes to conclusion in the trial court. Appeals are especially common when important principles or large amounts of money are at stake.

The bigger the stakes, the more critical it is to have excellent appellate counsel. That is true whether the party wins or loses in the trial court or in an intermediate court of appeals. Winning a difficult appeal requires more than citing the right legal precedent. It requires a sophisticated approach to writing briefs and making oral arguments before the appellate court. Appellate counsel must have the ability to seamlessly weave together persuasive argument and legal authority and also the insight to anticipate legal trends. Our attorneys, including former clerks for the Texas Supreme Court and the U.S. Court of Appeals for the Eleventh Circuit, have proven success in winning appeals in the U.S. Supreme Court, several federal circuits, the Texas Supreme Court, and the Texas courts of appeals.