Public infrastructure expansion projects are part of a growing economy. State and local governments build new roads. Private utility and energy companies build new transmission facilities. These infrastructure expansion projects typically require the acquisition of private property rights, either through negotiated voluntary easements or by the exercise of eminent domain powers, and touch two very different groups: the entities that need additional land rights to build, and the landowners who are asked to give up those rights.
Most takings end with a negotiated easement or acquisition, where the private or governmental entity seeking the land rights works directly with landowners to acquire the property rights needed for the project. If negotiations reach an impasse, condemnation is the tool that allows the project to move forward on schedule. Timely securing necessary property right is a critical part of any infrastructure project. A successful acquisition strategy requires a team approach that takes into account the practical realities of property acquisition, land use, valuation and negotiation strategies.
From the property owner’s viewpoint, the calculus looks different. The condemning authority’s power of eminent domain is real, but so is the property owner’s right to adequate and just compensation under the Texas and U.S. Constitutions.
Buck Keenan understands both sides of this equation. The firm represents midstream and utility clients in right of way negotiation and acquisition, landowner disputes, and condemnation matters, working as a partner with its clients to secure necessary land rights and meet project goals. The firm also represents property owners in governmental takings, ensuring its clients receive full compensation for their affected property rights.