Jun 22, 2026 · 1 hr · 26 segments
There are currently a number of transmission line projects being planned in Texas. These projects will impact landowners across the state. Luke Ellis joins us to talk about transmission lines in…
Tiffany Dowell LashmetHostOkay, Luke, as we're talking about compensation, right, we're talking about fair market value and remainder damages and all of these things.
So first question I always get from property owners is, are attorney's fees recoverable in Texas, right? The theory is I'll use my $5 million before, $4 million after.
Has that property owner been made whole? And the simple answer is no, because that property owner would have had to pay my firm or a firm like mine a fee to get to that million dollar win.
They also would have had to have had an expert witness and paid at least some fees associated with one or more expert witnesses.
In about 20 states across the country, there is a mechanism by which a property owner in that scenario can recover either all or some portion of their attorney's fees or expert fees.
It depends on a lot of times how much in excess the landowner's recovery is over what the government had offered.
There is no ability for a Texas property owner who prevails in an eminent domain case to get attorney's fees or expert fees.
I have believed on behalf of my clients that this is something that we need to change at the legislative level.
I've testified before state Senate committees before when bills have been proposed in previous legislative sessions.
to make it so that there could be some recovery for landowners of at least some portion of attorney's fees or expert fees.
Okay, Luke, as we're talking about compensation, right, we're talking about fair market value and remainder damages and all of these things.
So first question I always get from property owners is, are attorney's fees recoverable in Texas, right? The theory is I'll use my $5 million before, $4 million after.
Has that property owner been made whole? And the simple answer is no, because that property owner would have had to pay my firm or a firm like mine a fee to get to that million dollar win.
They also would have had to have had an expert witness and paid at least some fees associated with one or more expert witnesses.
In about 20 states across the country, there is a mechanism by which a property owner in that scenario can recover either all or some portion of their attorney's fees or expert fees.
It depends on a lot of times how much in excess the landowner's recovery is over what the government had offered.
There is no ability for a Texas property owner who prevails in an eminent domain case to get attorney's fees or expert fees.
I have believed on behalf of my clients that this is something that we need to change at the legislative level.
I've testified before state Senate committees before when bills have been proposed in previous legislative sessions.
to make it so that there could be some recovery for landowners of at least some portion of attorney's fees or expert fees.
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