Eminent Domain, also referred to as “Condemnation,” is the power of local, state or federal government agencies to take private property for public use provided the owner is paid just compensation. Private corporations, such as oil and gas companies, may also be granted eminent domain power to complete certain projects benefiting the public.

Type of Condemnation Cases


Pipeline easements are one of the most common eminent domain cases we handle, where all or part of your private property is taken to run an oil or gas pipeline. There are currently several pipeline projects running through Walker, Madison and surrounding counties.


The government often seizes private property to construct roadways. While the project for which Condemnation is used may be intended to benefit the public, it does not always benefit the private land owner whose property lies in the footprint of the proposed project. There are several projects that will impact landowners in the near future in Texas. Texas Department of Transportation project tracker.


A property owner is entitled to “just compensation” when his or her property is taken using the power of Condemnation. The payment of just compensation is intended to compensate the property owner monetarily for what he or she has lost in property. When only a portion of the property is taken for an easement, the property owner may be entitled to the value of the property taken as well as damages to the remaining property.

Bennie Rush and his staff are ready to help you fight to protect your rights as a landowner and to obtain fair and just compensation.