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    John Smither

    John J. Smither

    Senior Counsel

    Houston
    713-225-7204
    john.smither@phelps.com
    Areas Of Focus
    Eminent DomainEnergyLitigation

    Pipeline companies, gas utilities and electric transmission providers turn to John Smither to secure easements and rights-of-way for time-sensitive projects across Texas. He helps condemning authorities move projects from planning to operation while reducing delays, disputes and damage exposure in the eminent domain process.

    John guides common carriers, gas utilities and electric utilities through every phase of condemnation to keep critical infrastructure projects on track. In his condemnation work, John has secured land rights for major transmission and lateral lines and interstate and intrastate projects across the state of Texas. He handles survey access and initial and final offers, guides clients through special commissioners’ hearings, and resolves right-to-take and compensation disputes in court. While guiding clients through each phase of the condemnation process, John possesses the valuable skill of translating technical project requirements into clear positions that resonate with landowners, special commissioners, judges and juries.

    In his eminent domain, energy and land use, and commercial litigation work, John focuses on the business needs behind each case. Whether it’s maintaining service reliability, meeting regulatory milestones, handling encroachment issues or controlling construction costs, client goals guide John’s counsel. He works closely with project teams to anticipate points of friction and structure acquisition strategies that minimize conflict and keep work moving.

    John’s approach is grounded in years of courtroom experience in eminent domain, personal injury, product liability and premises liability cases, including complex, multiparty and multidistrict product litigation. This background gives him a practical understanding of how damages are evaluated and how juries respond to valuation and impact arguments, which he uses to shape strategy in condemnation and other commercial disputes.

    John has been Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 2009.

    In his eminent domain, energy and land use, and commercial litigation work, John focuses on the business needs behind each case. Whether it’s maintaining service reliability, meeting regulatory milestones, handling encroachment issues or controlling construction costs, client goals guide John’s counsel. He works closely with project teams to anticipate points of friction and structure acquisition strategies that minimize conflict and keep work moving.

    John’s approach is grounded in years of courtroom experience in eminent domain, personal injury, product liability and premises liability cases, including complex, multiparty and multidistrict product litigation. This background gives him a practical understanding of how damages are evaluated and how juries respond to valuation and impact arguments, which he uses to shape strategy in condemnation and other commercial disputes.

    John has been Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 2009.

    Experience

    • Assisted midstream energy company in acquiring right of way through negotiation and condemnation of a 30” common carrier intrastate transmission pipeline for the transportation of natural gas liquids (NGLs) extending 504 miles from Orla, Texas, to Mont Belvieu, Texas.
    • Secured right of way for pipeline operator through negotiation and condemnation of a 30” common carrier intrastate transmission pipeline for the transportation of crude oil extending 850 miles from the Permian Basin through the Eagle Ford Shale to the Texas Gulf Coast.
    • Worked with client land team to acquire right of way through negotiation and condemnation of a 24” common carrier intrastate transmission pipeline for the transportation of crude oil extending 416 miles from the Permian Basin to Sealy, Texas.
    • Obtained right of way for midstream energy company through negotiation and condemnation of a variable width common carrier intrastate transmission pipeline for the transportation of natural gas liquids (NGLs) extending 535 miles from West Texas to Mont Belvieu, Texas.
    • Acquired right of way through negotiation and condemnation for a pipeline operator for a  42” gas utility intrastate transmission pipeline for the transportation of natural gas extending 510 miles from the Permian Basin to Katy, Texas.
    • Represented client in the acquisition of right of way through negotiation and condemnation of a common carrier pipeline for the transportation of oil products under TBOC §2.105 extending 44 miles through Galveston and Brazoria Counties, Texas.
    • Secured right of way for downstream energy company through negotiation and condemnation under the Natural Gas Act of a FERC-approved 48” gas utility interstate pipeline for the transportation of natural gas.

    Recognition

    • AV Preeminent Peer Review Rated, Martindale-Hubbell
    • AV Preeminent Peer Review Rated, Martindale-Hubbell

    Education

    • South Texas College of Law, J.D., 1993
    • Vanderbilt University, B.A., 1990
    • South Texas College of Law, J.D., 1993
    • Vanderbilt University, B.A., 1990

    Credentials

    • Texas
    • U.S. Supreme Court
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. District Court, Eastern District of Texas
    • U.S. District Court, Northern District of Texas
    • U.S. District Court, Southern District of Texas
    • Texas
    • U.S. Supreme Court
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. District Court, Eastern District of Texas
    • U.S. District Court, Northern District of Texas
    • U.S. District Court, Southern District of Texas

    Memberships and Affiliations

    • State Bar of Texas, Litigation Section
    • Houston Bar Foundation
    • Texas Bar Foundation
    • Houston Livestock Show and Rodeo
    • Texas Oil & Gas Association
    • International Right of Way Association
    • State Bar of Texas, Litigation Section
    • Houston Bar Foundation
    • Texas Bar Foundation
    • Houston Livestock Show and Rodeo
    • Texas Oil & Gas Association
    • International Right of Way Association
    • Overview
    • Experience
    • Recognition
    • Education
    • Credentials
    • Memberships and Affiliations

    Related Services

    • Eminent Domain
    • Energy
    • Litigation
    • Commercial Litigation
    • Real Estate and Construction
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