Messer Fort | Eminent Domain & Chapter 54 Litigator

Clear Career Professionals; Frisco (TX); On-site; USD 120,000 - 180,000; Full time

Job summary

Messer Fort seeks an experienced eminent domain litigator for its Texas docket, based in Frisco. The attorney will manage pre-suit through trial, coordinating with city clients and experts on valuation and damages.

Texas licensure is required; strong negotiation and courtroom skills are essential as many parcels settle, while others go to trial. This role offers robust benefits and statewide 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.

Job description

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.

Core 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.

THE IDEAL CANDIDATE

The attorney who fits here knows Texas condemnation procedure and reads appraisals critically, with a working feel for damages to the remainder and how to frame a value dispute for special commissioners and a jury. Most parcels resolve short of trial, so negotiation skill keeps city projects on schedule. The cases that do not resolve go to trial, and this attorney needs to be ready for both.

Condemning property from residents and business owners is politically sensitive work. How the attorney handles landowners and their counsel reflects on the city, and the firm expects professionalism throughout. The firm is also looking for a self-sufficient case manager, someone who can run a condemnation docket with support staff.

MINIMUM QUALIFICATIONS

• 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.

PREFERRED QUALIFICATIONS

• 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.

LOCATION AND COMPENSATION

Based in the firm's Frisco office. Messer Fort serves clients across Texas, and the attorney may work on matters statewide. Compensation is dependent on qualifications and experience and is supported by a robust benefits package.