Messer Fort | Eminent Domain & Chapter 54 Litigator
About The Position
Messer Fort's client cities are acquiring right of way and property for roads, utilities, drainage, and public facilities as they grow. The firm is hiring a litigator to lead that work. You will carry an eminent domain docket from pre-suit acquisition through special commissioners hearings and trial. Chapter 54 municipal enforcement litigation is also part of the docket. Other government litigation is also included in this role. The firm welcomes candidates from either side of the docket. Attorneys who have represented landowners bring the same procedural and valuation experience this role requires. Texas licensure and Texas land use experience are required.
Requirements
- Juris Doctor from an accredited law school and a Texas law license in good standing. Texas licensure is required at hire.
- Substantial eminent domain litigation experience in Texas, on either the condemnor or the landowner side.
- Experience handling special commissioners hearings and the post-award litigation phase.
- Demonstrated courtroom and deposition experience, first chair or heavy second chair.
Nice To Haves
- Experience representing condemning authorities such as cities, counties, TxDOT, or utilities.
- Jury trial experience in condemnation or other real property litigation.
- Experience cross examining and preparing valuation experts.
- Exposure to municipal ordinance enforcement, nuisance abatement, or other Chapter 54 litigation.
- Appellate experience in condemnation matters.
Responsibilities
- Condemnation litigation: Prosecuting eminent domain cases for cities under Chapter 21 of the Texas Property Code, from pre-suit acquisition through special commissioners hearings, objections, and trial in county or district court.
- Statutory compliance: Managing bona fide offer requirements, Landowner's Bill of Rights notices, and the procedural framework that protects a city's judgment from challenge.
- Valuation and experts: Working with appraisers, engineers, and other experts on market value, damages to the remainder, and highest and best use disputes.
- Resolution and trial: Negotiating settlements, trying cases to special commissioners and juries, and handling mediation.
- Chapter 54 enforcement: Civil enforcement suits under Subchapter B, Chapter 54 of the Texas Local Government Code, including substandard structure, health and safety, and land use ordinance enforcement actions.
- Project counseling: Advising city staff on acquisition strategy, project schedules, and possession timing for capital projects.
Benefits
- Compensation is dependent on qualifications and experience and is supported by a robust benefits package.
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What This Job Offers
Job Type
Full-time
Career Level
Senior
Education Level
Ph.D. or professional degree
