Infrastructure & Eminent Domain

Winstead's Infrastructure & Eminent Domain Team is uniquely qualified to serve private and public entities with the power of eminent domain and property owners facing condemnation proceedings, offering clients a strategic advantage in complex land acquisition matters. Our attorneys' experience enables us to craft and pursue comprehensive solutions that balance the needs of infrastructure projects and property owners' rights. We are proactive in anticipating challenges, resolving disputes efficiently, and planning for optimal outcomes.

Representing Private and Public Entities Exercising the Power of Eminent Domain

For both private and public condemnors, our team provides end-to-end legal support, focusing on compliance, project milestone satisfaction and cost management, fairness, and public interest in infrastructure projects. Our services include:

• Project Planning & Implementation: We work with clients to develop land acquisition strategies that align with legal requirements and public outreach efforts, fostering community buy-in.
• Condemnation Proceedings: We initiate and manage condemnation actions, ensuring that all procedures are followed and just compensation is provided to property owners.
• Negotiations & Dispute Resolution: By negotiating with property owners, we help reach mutually beneficial agreements while minimizing delays to infrastructure projects.
• Litigation & Appeals: Our experienced litigators vigorously defend challenges to condemnation actions, advocating for the public good at every stage of litigation, from trial to appeals.

Representing Property Owners & Businesses

We understand the concerns of property owners and businesses facing eminent domain actions, and we are committed to protecting their rights and ensuring they receive just compensation. Our services for condemnees include:

• Property Valuation & Appraisal: Working alongside expert appraisers and other valuation experts, we advise property owners of the fair market value of their property, ensuring they are fully compensated for its value, damages to the remainder, including costs to cure, and any necessary relocations.
• Negotiations & Settlements: We negotiate with condemning authorities to secure favorable outcomes, including compensation for relocation when applicable.
• Litigation & Appeals: When necessary, we challenge the condemnation action in court, ensuring that property rights are protected and property owners’ rights are fully protected throughout the eminent domain process.

Infrastructure Project Experience

Our team’s extensive experience spans a wide array of infrastructure projects across industries such as energy, utilities, transportation, and public and private infrastructure. Notable projects include:

• Alamo Expansion Project: We assisted Alamo Trust, Inc. with acquiring commercial property for the Alamo expansion project, working in conjunction with the Texas General Land Office and the City of San Antonio.
• Energy and Utility Projects: Our team has represented numerous energy and utility companies in acquiring right-of-way for pipeline and electric transmission line projects, ensuring compliance and timely and cost-efficient project completion.
• Public Transit and Rail Projects: We advised the Austin Transit Partnership and Capital Metro on Project Connect, assisting with right-of-way acquisition for Austin’s expanding light and commuter rail systems.
• City of Austin Airport Expansion Project: We assisted the City of Austin in acquiring, through condemnation, a long-term, privately owned leasehold interest in a terminal that needed to be removed to facilitate the much-needed expansion of Austin-Bergstrom International Airport.

Why Our Experience Matters

Winstead’s experience representing both condemning authorities and property owners offers a distinct benefit to our clients. Our attorneys have in-depth knowledge of the strategies employed by both sides, allowing us to anticipate and counter opposing tactics effectively. This advantage proves invaluable in negotiations, litigation, and settlement discussions, as we bring a deep understanding of how to achieve the best possible outcome, whether for an entity seeking real property interests for an infrastructure project or property owners fighting to protect their property rights.

By having a comprehensive and multidimensional view of the eminent domain process, Winstead ensures its clients are always one step ahead. Our attorneys are equipped with the experience, insight, and dedication needed to manage even the most complex eminent domain dispute. At Winstead, our firm has a proven track record of success in representing clients in various industries, from large public transit systems to private energy companies, making us a trusted partner in any eminent domain matter.