Eminent Domain and Condemnation Consulting Land Planners
Texas Eminent Domain Experts | Serving Property Owners, Attorneys and Condemning Authorities Statewide
When Property Is on the Line, the Details Matter
Condemnation cases are technical, fast-moving, high-stakes and fraught with financial consequences. The land planning analysis is either working for you or against you. There is no middle ground.
Are you a property owner responding to an acquisition notice? Or a condemning authority assembling land for a complex public infrastructure project? In many cases, we've seen the outcome depend on the quality of the analysis behind your position.
Thrower Design has the experience you need because we have handled more than 700 condemnation and right-of-way acquisition cases across Texas. We work with property owners, condemnation attorneys, TxDOT, municipalities, utility companies, and condemning authorities. Our team members regularly testify as expert witnesses in Special Commissioner's Hearings, mediations, and at trial.
We know the Eminent Domain and Condemnation process from every angle, because we've sat on every side of the table.
Why Both Sides Hire Us
Thrower Design is retained by property owners and condemning authorities alike. We also represent private landowners and the attorneys who advocate for them.
This is not a contradiction.
Our analysis is an unbiased professional study based on the facts of development conditions. Zoning is zoning. Setbacks are setbacks. Access constraints don’t change depending on who hired us. The facts are the facts.
What changes is how those facts are applied. When we represent a landowner, we document the full scope of what they are losing. When we represent a condemning authority, we document the development conditions of the property being acquired, identify constraints that affect its value, and make sure the acquisition is defensible, well-documented, and legally compliant.
For condemning authorities, a thorough land planning analysis at the start of the process reduces the risk of challenges later. Findings that surface during a hearing or on appeal are far more costly to address than those identified before an offer is made.
Either way, the analysis has to hold up under cross-examination.
What Condemnation Is
Condemnation is the legal process a government agency or authorized entity uses to acquire private property for a public use under its power of eminent domain. Eminent domain is the underlying authority. Condemnation is the procedure used to exercise it. The two terms are often used interchangeably, but they are not the same thing.
The government can acquire all or part of a property, or just an easement across it, without the owner’s consent, as long as the taking is for a public purpose and the owner is paid just compensation. In practice, condemnation is the tool used to assemble land for highway expansions, utility corridors, water and sewer projects, pipeline easements, and other public infrastructure.
Not every condemnation involves losing an entire property. Many are partial takings, where the condemning authority acquires a strip of frontage for a road widening or an easement for a utility line. But even a partial taking can fundamentally change what the remaining property is worth and what can be built on it. That is where the land planning analysis becomes critical.
For 99% of property owners who receive a condemnation notice, it is the first time they have ever been through this process. That is not a guess. It is what we hear from landowners across Texas, case after case.
What a Land Planner Does in a Condemnation Case
In any condemnation case, there are four key players: the landowner, the attorney, the appraiser, and the land planner. Each one has a distinct role.
The land planner handles two of the four foundational elements of property valuation: what is legally permissible and what is physically possible on the property.
We analyze zoning, permitted uses, access, drainage, setbacks, compatibility standards, tree regulations, and every other development constraint that affects what can be built.
The appraiser handles the other two: what is economically feasible and maximally productive.
But unless a land planner is involved, the appraiser is working with incomplete information. Even worse, the attorney on either side is arguing without the technical foundation that makes the argument hold up under cross-examination.
How the Condemnation Process Works in Texas
Whether you are initiating an acquisition or responding to one, understanding the process can help you prepare the right representation at the right time.
Initial Contact
The condemning authority notifies the property owner that it intends to acquire some or all of their property, or requests right of entry to conduct a survey. For most property owners, this is the first time they have ever dealt with condemnation.
For condemning authorities, getting the land planning analysis right from the start reduces downstream risk and strengthens the defensibility of the acquisition.
Negotiation
The condemning authority makes an offer based on their appraisal. The property owner can accept, counter, or refuse. This back-and-forth can take several months.
This is the phase where land planning analysis has the most influence on the outcome for both sides.
Special Commissioner's Hearing
If no agreement is reached, the case goes before three Special Commissioners. Both sides present testimony under oath and there is cross-examination. The commissioners deliberate and issue an award. The hearing room typically has 8 to 16 people, including attorneys, expert witnesses, and court reporters.
Having credentialed, prepared expert testimony on your side matters, regardless of which side of the table you are on.
Deposit and Transfer
Money is deposited within 10 days of the hearing. The property transfers to the condemning authority.
Appeal
Roughly 90% of cases are appealed to trial, but 98% of those appeals never actually go to trial. The appeal is primarily a tool for mediation and further negotiation.
Out of the more than 700 cases we have handled over the decades, 12 have gone all the way to a jury.
When Thrower Design Changed the Outcomes
Hancock Center / Travis County Health Building | TxDOT’s initial valuation came in at $17 million. The property owners countered at $73 million. Thrower Design’s land planning analysis documented significant development constraints and potential that TxDOT’s assessment had not accounted for. The case settled in the range of $50 to $52 million, a result that reflected a more complete picture of the property’s conditions.
I-35 North Expansion | A property owner along the I-35 corridor faced a taking that would have raised the frontage road roughly 15 feet above their property, effectively eliminating driveway access and visibility. Land planning analysis documented these impacts in detail; going beyond the square footage acquired to capture the full effect on the remaining property.
San Marcos Water Line Acquisition | During the analysis phase, we uncovered a PUD site plan from 1987 that was still legally active on the property. This discovery fundamentally changed the valuation of what was being acquired and helped resolve the case at a significantly different figure than originally sought.
What is at Stake When Representation is Not Equal
In condemnation cases, the condemning authority almost always has a team of consultants: attorneys, appraisers, and land planners. If the property owner does not have the same level of representation, the Special Commissioners are only hearing one side of the land planning story.
That is a problem for both sides.
For property owners, the absence of professional representation typically means leaving significant compensation on the table. There is nobody there to present the property’s full development potential, document access impacts, or refute the other side’s findings. The most common mistake property owners make is thinking they will save money by going it alone. In most cases, the opposite is true.
For condemning authorities, an uncontested analysis might seem like an advantage. But a valuation that goes unchallenged in the hearing room can become a liability if it later proves flawed or incomplete. Legal exposure, project delays, and renegotiation costs are all downstream risks of inadequate analysis on either side.
Equal, credentialed representation leads to better-defined cases, more defensible outcomes, and faster resolution.
Statewide Reach Across Texas
Our condemnation work is not limited to Austin. We handle cases in Dallas, Fort Worth, San Antonio, Longview, Bryan, Corpus Christi, and everywhere in between. We have worked in Travis, Williamson, Hays, Harris, Bell, and Caldwell counties, among others. If your property is in Texas, we can help.
We also have deep experience with gas pipeline acquisitions in the Permian Basin region and highway expansion projects across the state.
Common Questions About Condemnation & Eminent Domain
These are the questions property owners, attorneys, and condemning authorities ask us most often.
What is condemnation and eminent domain in Texas?
Condemnation is the legal process a government agency or authorized entity uses to acquire private property for a public use. Eminent domain is the underlying power that authorizes the taking. In Texas, the condemning authority must demonstrate a public purpose and pay the property owner just compensation. The process involves a formal offer, negotiation, and if no agreement is reached, a hearing before three court-appointed Special Commissioners who determine the award. Either side can appeal.
What do I do if my property is being condemned?
When a government agency or utility company acquires your property through eminent domain, you are entitled to fair compensation. However, the first number they put in front of you is rarely fair. A land planner evaluates how the taking affects your remaining property. We consider access, visibility, land use, and development potential. We document what you are losing beyond just the square footage. With our analysis, your attorney has the facts they need to negotiate a better outcome.
My property is being taken by TxDOT. What does a land planner do in a condemnation case?
A land planner analyzes the development conditions of your property before and after the taking. That includes zoning, permitted uses, access points, setbacks, drainage, tree regulations, compatibility standards, and anything else that affects what can be built. We handle the legally permissible and physically possible components of the valuation. The appraiser handles the economics. Without a land planner, the appraiser is working with incomplete information.
We are a condemning authority. Why do we need a land planner?
A land planner protects the defensibility of your acquisition. We document the development conditions of the property being acquired, identify constraints that affect its value, and make sure your appraisal is built on a complete factual record. Without that foundation, your valuation is exposed to challenge. Findings that surface during a hearing or on appeal are far more costly to address than those identified at the start. Thrower Design has worked with TxDOT, municipalities, and utility companies throughout Texas.
What is a condemnation expert witness, and why do I need one?
In condemnation proceedings, attorneys know a credentialed land planner can make a significant difference, because the numbers are only as good as the analysis behind them. Thrower Design serves as an expert witness in condemnation cases throughout Texas. We provide professional testimony on land planning impacts: what the property could have been used for, how the taking actually changes the situation, and what damages, if any, exist to the remaining areas.
How is a land planner different from a condemnation attorney?
A condemnation attorney argues your case in court. A land planner builds the factual foundation that makes that argument possible. The attorney handles legal strategy, motions, and cross-examination. The land planner analyzes zoning, access, development potential, and site constraints, and presents that analysis as expert testimony. Without that technical foundation, your attorney is arguing without evidence. The two roles work together, and experienced condemnation attorneys know to bring a land planner in early.
Do you represent property owners or condemning authorities?
Both. We are retained by landowners, TxDOT, utility companies, and municipalities. We have experience on both sides of the table, so we understand how the other party builds their case and how to counter it. Our analysis is based on facts, not advocacy. That is what makes it credible under cross-examination regardless of which side retained us.
Does Thrower Design handle condemnation cases outside of Austin?
Yes. We work on condemnation cases from Dallas and Fort Worth to San Antonio, Corpus Christi, Longview, Bryan, and the Permian Basin. If your property is in Texas and it is being acquired by a government entity or utility company, we can help. Contact us to discuss your situation.
What happens if one side does not have a land planner?
The Special Commissioners will only hear one version of the land planning analysis. There is no one presenting the other side’s development conditions, documenting access impacts, or refuting the opposing findings. For property owners, this typically means leaving significant compensation on the table. For condemning authorities, an uncontested analysis that later proves incomplete creates legal exposure and delays resolution. Either way, the absence of equal representation makes the process less efficient and less defensible.
How many condemnation cases has Thrower Design handled?
More than 700 condemnation cases across Texas over several decades. Founder Ron Thrower has personally testified as an expert witness in Special Commissioner’s Hearings and at trial throughout the state. Only about 12 of those cases have ever gone all the way to a jury—because strong, credentialed land planning analysis on both sides typically resolves cases before that point.
What types of condemnation projects does Thrower Design work on?
Highway expansions, utility acquisitions, gas pipeline easements, water line projects, and right-of-way takings. We have worked on major TxDOT corridor projects like I-35, as well as municipal infrastructure projects and pipeline acquisitions in the Permian Basin. Whether the taking involves a partial acquisition, a full taking, an access modification, or an easement, we have the experience to analyze the impact.
Talk to Us About Your Case
If your property is being acquired through eminent domain, contact us as soon as you can.
If you are an attorney who needs a land planning expert for a condemnation case, we would like to hear about your case and see how we can help.
If you are a condemning authority that needs defensible acquisition analysis, we have the experience and the credentials to support your project from the start.
Tell us about your situation and we will give you a straight assessment of what Thrower Design can do for you.