Paul Radich

Of Counsel

Practice areas

Mr. Radich joined Smith, Murdaugh, Little & Bonham, L.L.P. in October 2014 after practicing as a partner in the public law section of an international law firm based in Texas.  Mr. Radich has extensive experience in all types of public law and related litigation.  Mr. Radich has a proven record of success and has achieved favorable outcomes for a wide array of clients in multiple jurisdictions.  Mr. Radich has particular expertise in eminent domain and related matters.  He represents both condemning authorities and property owners in connection with all types of projects, including creation and widening of highway facilities, street extensions and widenings, creation and expansion of drainage facilities, development and expansion of water and sewer facilities, parks, railroad lines, light rail lines, pipelines, telecommunication facilities, sports venue facilities, electric transmission and distribution lines, power plants, and airport expansions.  Mr. Radich has been a featured speaker at numerous law seminars on eminent domain law, and his writings on the subject of eminent domain have appeared in multiple publications.

In addition to eminent domain, Mr. Radich also focuses his practice on counseling private parties and governmental entities regarding litigation challenges that occur in the public and quasi-public sectors.  He handles cases in both state and federal courts, at the trial and appellate levels.  He also handles disputes at the administrative level, appearing before local boards and governmental bodies.  Mr. Radich has specific experience in a variety of types of matters, including voting rights, civil rights, contract disputes, construction and commercial litigation, tort litigation, election contests, annexation and municipal incorporation, bond validations, and land-use disputes, including inverse condemnation, flooding, contamination, other environmental matters, zoning, deed restrictions, sign control, and other regulatory matters.

The valuation of property interests is another area in which Mr. Radich has developed a particular expertise, including significant experience handling challenges to appraisal district valuations of real and personal property for tax purposes.  His experience in this area includes both obtaining and defending tax exemptions, pursuing administrative challenges to valuation, and handling judicial appeals contesting valuation.

Professional affiliations:

Mr. Radich was admitted to the Texas State Bar in 2001.  He also is admitted to practice before the United States District Court, Southern District of Texas, and the United States District Court, Northern District of Texas.  Mr. Radich is a member of the Houston Bar Association, the Austin Bar Association, the Highland Lakes Bar Association, the Dripping Springs Bar Association, and the the Association of Water Board Directors.

Education:

Mr. Radich received his Doctor of Jurisprudence, magna cum laude, from the University of Houston Law Center in 2001, where he served on the Houston Law Review.  He was a member of the Order of the Coif and Order of the Barons.  Mr. Radich received his Bachelor of Arts in Political Science and Economics, magna cum laude, from the University of North Texas in 1998.

Community Services and Interest:

Mr. Radich highly values community involvement and participation.  He is an active member of First United Methodist Church—Johnson City, Texas, where he is a leader of the youth program.  He is a board member of Hope For Life, a Texas non-profit that provides individual and relationship counseling to struggling people in central Texas.  He also is a member of the Round Mountain Volunteer Fire Department.  In his free time, he enjoys playing ice hockey, hiking, and the outdoors.

Representative experience:

Condemning Authority Representations

  • Representation of national natural gas company in connection with the condemnation of property necessary for the refining and interstate transportation of natural gas under the Natural Gas Act.
  • Representation of major Texas city in connection with the acquisition of easements for the construction of gas transmission and water pipelines spanning two counties.
  • Representation of major Texas city in connection with the acquisition of easement rights for the construction of electric transmission and distribution lines.
  • Representation of major Texas city in connection with the acquisition of properties for the restoration of environmentally sensitive areas and wildlife habitat.
  • Representation of municipality in the acquisition of property for the expansion of its public works department.
  • Representation of numerous types of municipal utilities, special districts, and water districts in eminent domain matters involving water lines and water treatment facilities, sanitary sewer lines and sewer treatment facilities, and storm sewer lines, detention ponds, drainage swales, and other drainage facilities.
  • Representation of municipal power agency in the acquisition of right-of-way for the construction of a rail spur.
  • Representation of school district in the acquisition of easements for the construction of utilities needed to serve new school facilities.
  • Representation of municipal utility in the acquisition of right-of-way needed for the construction and operation of a new power plant.
  • Representation of major Texas city in connection with the acquisition of property for purposes of airport expansion.
  • Representation of major Texas county in the widening of numerous roads and highways using pass-through tolls and other funding mechanisms, including the acquisition of several hundred properties.
  • Representation of telecommunications company in the condemnation of telephone and electric lines in Houston, Texas.
  • Representation of major Texas city in connection with the acquisition of land for trail amenities, sewer facilities, and transmission lines.
  • Representation of major Texas County in connection with the development of large-scale ecological, park, and recreation facilities.
  • Representation of major Texas city in connection with the acquisition of land for the construction of a basketball arena.
  • Representation of major venue district in connection with the acquisition of land for the construction of a baseball stadium.
  • Representation of municipality in a major road widening involving the relocation of infrastructure, the relocation of railroad tracks, and the addition of overpasses.
  • Representation of a Texas county in condemnation matters involving water lines, sewer lines, and the relocation of infrastructure.
  • Representation of water corporation in condemnation matters involving a water treatment plant and facilities for the transportation of water to be used by a major Texas city.
  • Representation of various large pipeline companies in connection with right-of-way acquisitions for the construction of a 70-mile natural gas pipeline.
  • Representation of various large pipeline companies in connection with right-of-way acquisitions for the construction of a 113-mile carbon dioxide pipeline.
  • Representation of major transit authorities in right-of-way acquisitions for the construction of light rail facilities.

Landowner Representations

  • Obtained award of $2,891,587 on behalf of a landowner where the State of Texas offered $12,962.
  • Representation of various municipal utility district in the condemnation of their properties by the Texas Department of Transportation for the construction of Highway 290 and the Grand Parkway.
  • Representation of municipal utility district in the condemnation of its property by Harris County for the widening of a road.
  • Representation of various landowners in the condemnation of property interests for roads, pipelines, and transmission lines.
  • Representation of several municipal utility districts in the potential condemnation of their property in connection with the proposed high speed rail.
  • Representation of a national real estate investment company in the condemnation of its property for the expansion of Highway 183 and the sale of its remainder property.
  • Representation of a commercial shopping center in the condemnation of its property for the expansion of a thoroughfare in Conroe, Texas.
  • Successfully obtained award that was over five times the amount offered by a major Texas county for a road widening project.

Inverse Condemnation

  • Represented major Texas city in connection with two major regulatory takings lawsuits filed by various oil companies over ordinances designed to protect a major public water source.
  • Represented landowners in an inverse condemnation matter involving a regulated electric transmission service provider and the placement of its transmission lines in a manner that affected saltwater disposal operations.
  • Represented flood control district and a major Texas county in class action lawsuits involving inverse condemnation claims complaining about the failure of various drainage facilities during two major flooding events.
  • Represented major transit authority in an inverse condemnation lawsuit involving easement rights for a drainage facility.
  • Represented gas storage company in a pipeline right-of-way and inverse condemnation matter involving the placement of pipeline facilities outside an easement.
  • Successfully defended major transit authority against claims alleging that it had unlawfully fenced and restricted access to a parking lot adjoining the claimant’s property.

Project Planning and Strategic Advice

  • Provided guidance to major Texas city in connection with the development of a recreational project that included the restoration of wildlife habitat and environmentally sensitive areas.
  • Counsel to major municipal utility on numerous issues surrounding the development of a new power plant.
  • Provided guidance to transit authority regarding route selection and impact on community and adjacent properties for light rail facilities and proposed light rail expansions.
  • Provided counsel to independent school district regarding regulatory and legislative matters before the Texas Legislature in order for the district to preserve eminent domain power.
  • Provided analysis to water authority regarding pipeline route selection in order to minimize impact on surrounding properties.
  • Provided strategic advice to major water authority regarding negotiation, acquisition, and budgetary issues of water pipeline projects.
  • Provided strategy and planning advice to utility agency in order to create a project partnership, establish partnership rules and determine the availability of eminent domain power.
  • Provided analysis and advice regarding the structure of utility agreements in support of new facilities.
  • Counsel to major railroad company on the feasibility of a new rail project, which included complex issues of ownership and environmental contamination.

Other Representative Experience

  • Representation of title insurance and escrow companies in various disputes over real estate transactions.
  • Representation of a public utility district in a suit involving trespass upon and damage to its property.
  • Representation of major sour gas refinery in connection with challenges to its refining activities.
  • Representation of owner of numerous commercial properties located throughout a major Texas city in disputes over their taxable values.
  • Represented national natural gas company in a dispute involving the taxable value of a natural gas storage facility.
  • Representation of numerous public and private entities in obtaining and defending property tax exemptions and reductions.

Representative Appellate Decisions

  • Mansions in the Forest, L.P. v. Montgomery County, 09-09-00524-CV, 2012 WL 3850691 (Tex.App. – Beaumont Sept. 6, 2012, pet. denied)
  • Hendricks v. Texas Commission on Environmental Quality, 03-10-00758-CV, 2011 WL 2437694 (Tex.App. – Austin June 15, 2011, no pet.)
  • State v. Montgomery County, 338 S.W.3d 49 (Tex.App. – Beaumont 2011, pet. denied)
  • City of Houston v. Trail Enterprises, Inc., 300 S.W.3d 736 (Tex. 2009)
  • In re State, 09-09-00216-CV, 2009 WL 1650406 (Tex.App. – Beaumont June 11, 2009, no pet.)
  • State v. Montgomery County, 262 S.W.3d 439 (Tex.App. – Beaumont 2008, no. pet.)
  • Southtex 66 Pipeline Co., Ltd. v. Spoor, 238 S.W.3d 538 (Tex.App. – Houston [14th] 2007, pet. denied)
  • In re Beke, 09-07-104-CV, 2007 WL 846556 (Tex.App. – Beaumont March 22, 2007, pet. denied)
  • WesTTex 66 Pipeline Co. v. Bulanek, 213 S.W.3d 353 (Tex.App. – Houston [1st] 2003), modified, Bulanek v. WesTTex 66 Pipeline Co., 209 S.W.3d 98 (Tex. 2006)
  • CenterPoint Energy Houston Electric, L.L.P. v. Old TJC Co., 177 S.W.3d 425 (Tex.App. – Houston [1st] 2005, pet. denied)
  • Malcomson Road Utility Dist. v. Newsom, 171 S.W.3d 257 (Tex.App. – Houston [1st] 2005, pet. denied)
  • McMillan v. Hillman International Brands, Ltd., 14-03-01392-CV, 2004 WL 1660760 (Tex.App. – Houston [14th Dist.] July 27, 2004, pet. denied)
  • Metro Transit Authority of Harris County, Texas v. Graham, 105 S.W.3d 754 (Tex.App. – Houston [14th] 2003, pet. denied)
  • WesTTex 66 Pipeline Co. v. Baltzell, No. 01-01-00826-CV, 2003 WL 22054569 (Tex.App. – Houston [1st] Sept. 4, 2003, no pet.)
  • Southwestern Bell Tel. Co. v. Radler Pavilion Limited Partnership, 77 S.W.3d 482 (Tex.App. – Houston [1st] 2002, pet. denied)

Publications

  • New Law Requires Entities with Condemnation Authority to Take Action or Lose Power (June 26, 2012)
  • Case Law Update, prepared for Eminent Domain Institute Annual Conference (June 2012)
  • Case Law Update, prepared for Eminent Domain Institute Annual Conference (June 2011)
  • Case Law Update, prepared for Eminent Domain Institute Annual Conference (June 2010)

Briefings, Seminars and Speeches

  • Speaker, Tips for Litigating Eminent Domain Cases, CLE International Eminent Domain Institute Annual Conference (Oct. 1, 2015)
  • Speaker, Legislative & Case Law Update, CLE International Eminent Domain Institute 13th Annual SuperConference (March 3, 2014)
  • Speaker, Daubert Challenges in Condemnation Cases – Pros & Cons, CLE International Eminent Domain Institute Annual Conference (June 14, 2013)
  • Speaker, Case Law Update: New Developments and Pending Cases, Eminent Domain Institute 3rd Annual Conference – Eminent Domain: SB18 & Recent Cases (June 7, 2012)
  • Speaker, Case Law Update: Eminent Domain, CLE International, Houston, Texas (July 23, 2011)
  • Speaker, Case Law Update: Eminent Domain, CLE International, Houston, Texas (July 29, 2010)