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Overview

Eminent Domain and Property Litigation

McDowell Hetherington has achieved excellent results representing condemning authorities and property owners in all facets of condemnation and land-use matters. We have extensive experience working with commercial and residential landlords, handling all aspects of property, landlord-tenant, and real estate disputes.

Eminent Domain

MH has extensive experience representing municipalities, school districts, state and local agencies, and other governmental authorities in a broad range of eminent domain matters. We work aggressively to create a workable strategy with condemning authorities, appraisers, land use experts, and other consultants from the outset of a public project to ensure seamless and consistent counsel at every step. Our expertise includes:

  • Condemnations
  • Inverse condemnations
  • Direct takings
  • Easements
  • Right-of-way projects
  • Multi-parcel acquisitions
  • Land use disputes

We also understand the complexities of the condemnation process and help authorities balance the numerous fiscal, administrative, political, and public-relations pressures that accompany such initiatives.

MH attorneys also represent property owners whose land is being taken through the eminent domain process. We understand the unique issues facing landowners and ensure that they receive all protections to which they are entitled under both Texas and Federal law. We help property owners navigate right-to-take issues, valuations, fair pricing, just compensation, relocation benefits, timing, resale issues, and other difficult terms often implicated in such matters.

Whether the condemnation is initiated by the government or a company with eminent domain power, MH has the expertise and resources necessary to protect the property owner.

Property Litigation

MH represents property owners, developers, and lenders in all aspects of litigation arising from property sales and management. We have successfully represented some of the nation’s largest institutional owners of both commercial and residential property, as well as banks and hard money lenders secured against property. Our experience includes:

  • Representing hard money lenders in secured financing litigation
  • Construction Defect litigation
  • Environmental Tort and Mold litigation brought by tenants
  • Vendor disputes during project development
  • Regulatory complaints
  • Title disputes
  • Disputes arising out of properties purchased in foreclosure

MH has also litigated real estate transaction disputes, including:

  • Breach of contract
  • Lease or purchase agreement claims
  • Specific performance actions to enforce a buyer’s rights under a purchase agreement
  • Cases involving fraud, misrepresentation, and material nondisclosure against sellers or brokers
Landlord-Tenant

Additionally, as a law firm sensitive to the technical requirements of property law, the realities of property ownership, and the cost sensitivity of clients who have large dockets of property work, MH has carved out a landlord-tenant practice designed to maximize results and minimize the effort needed to obtain them. In this, MH routinely handles:

  • Forcible Detainer and Eviction Actions
  • Repair and remedy actions
  • Security deposit disputes
  • Tenant bankruptcies
  • Fair Housing Complaints

Eminent Domain and Property Litigation

MH Prevails on Eminent Domain Appeal

09.16.21

September 16, 2021

Eminent Domain and Property Litigation

MH Prevails on Eminent Domain Appeal

09.16.21

September 16, 2021