• About
    • Justin Hodge
    • Luke Ellis
  • Contact Us
  • Eminent Domain FAQs
  • Resources
    • Fair Market Value Considerations
    • Highest and Best Use
    • Highway Expansions
    • Pipelines
    • Power Lines
    • Water Rights
    • What is Eminent Domain?
  • Sitemap
  • Thank You

Texas Condemnation

~ Texas Eminent Domain Explained

Texas Condemnation

Category Archives: Power Lines

Two New Powerline Projects Make Eminent-Domain Use in Frisco a Real Possibility

23 Friday Sep 2016

Posted by texascondemnation in Power Lines, Uncategorized

≈ Leave a comment

Tags

Allen, Brazos Electric Power Cooperative, CoServ, Distribution lines, FM 423, Frisco City Council, Frisco Eminent Domain, higher voltage, Hybrid construction, Lebanon Road, lower voltage, McKinney, McKinney City Council, News, Plano, Public Utility Commission of Texas, State Highway 121, transmission lines, Witt Road

The Public Utility Commission of Texas (PUCT) recently approved the Final Order for a Brazos Electric Power Cooperative powerline project. The project will run along the west side of FM 423, covering an area from Lebanon Road to Witt Road. It will be a hybrid construction, combining overhead and underground lines, and mixing transmission lines with distribution lines. Transmission lines, typically larger, carry a higher voltage than distribution lines, and are used to connect substations with their respective generation plants. Distribution lines are used to provide electricity directly to homes or businesses, and therefore carry a lower voltage. With the passage of the Final Order, Brazos Electric will likely soon begin construction preparations. This includes acquiring easements from property owners along the powerline’s route.

Meanwhile, CoServ, a Brazos Electric member, has submitted a proposal for the Kittyhawk project, which would place transmission lines along State Highway (SH) 121. The project would require land in Frisco, McKinney, Allen, and Plano, and is still under review in those cities. So far, the response has been mixed. In a June resolution, McKinney’s City Council opposed the location of a substation within McKinney’s city limits. Shortly after, a Plano City Council resolution endorsed the council’s preferred route option. The Frisco City Council has yet to pass a resolution on the project, though it’s Chamber of Commerce Director, Shona Huffman, suggested that the chamber would prefer the shortest and most cost-effective route.

“For Kittyhawk, since there are routes that are cheaper and less invasive to development and residents and businesses, those are the routes that we would prefer,” she said. “We’re researching to see what involvement, if any, we’ll have.”

For both these projects, it is highly unlikely that the compensation offered will be just and adequate as required by the Texas Constitution. For example, the taking of powerline easements after causes damages to the remaining property. Before accepting an offer, landowners should carefully review the offer and consult with their lawyer before reaching an agreement with the powerline company

Share this:

  • Facebook
  • LinkedIn
  • Email
  • Twitter

Like this:

Like Loading...

Texas Landowner Wins $445,000 Judgment Against Power Company for Lost Property Value

24 Tuesday Feb 2015

Posted by texascondemnation in JMEH Law News, Politics, Power Lines, Property Rights, texas condemnation, texas condemnation lawyer, texas eminent domain

≈ Leave a comment

“Case may signal future litigation over power line easements.”

WICHITA FALLS, Texas – A North Texas landowner has won a $445,365 judgment against an electric power delivery company after his land lost value when an easement was taken for a high-voltage electric transmission line.

The judgment signals a win for other Texas landowners whose properties are being targeted as power line companies flood the Public Utility Commission (PUC) with applications seeking approval for similar transmission lines.

The recent dispute represents a fundamental debate: How much does a high-voltage power line easement, with its tall towers and unsightly appearance, reduce the value of property it crosses? A Wichita County jury agreed that an entire parcel was worth less, not just the land taken for the easement.

“This judgment sends a clear message. Texas landowners should understand that they have a constitutional right to collect fair damages when power lines lower the value of their land. Landowners only get one opportunity to recover, but the easements remain forever,” says Austin-based eminent domain attorney Luke Ellis of Johns Marrs Ellis & Hodge LLP, lead trial counsel for the property owner.

The dispute began in 2011 when Oncor Electric Delivery Co. LLC sued Edward Clack to gain 33.6 acres of easement on his Burkburnett property for a 345,000-volt power line, the highest-voltage lines built in Texas. The Oncor easement, 160 feet by 1.7 miles, bisected Mr. Clack’s property. Oncor initially offered him less than $55,000 before raising the offer to nearly $140,000.

After a three-day trial in Wichita County Court at Law No. 1, jurors awarded Mr. Clack $393,165, the full amount he requested. On Feb. 12, Judge Gary Butler entered a judgment of $445,365, which includes interest and court costs. Oncor may appeal.

The case is Oncor Electric Delivery Company, LLC v. Edward Clack, No. C-330-E.

Over the past year, the PUC has received new power line applications affecting Dallas-Fort Worth, Houston, South Texas, San Antonio and the Texas Hill Country.

Johns Marrs Ellis & Hodge LLP, a trial and appellate boutique with offices in Austin and Houston, focuses on representing landowners in eminent domain proceedings, commercial litigation, probate and appeals. Visit the firm online at http://jmehlaw.com/the-firm/.

For information on the power line judgment, please contact Kit Frieden at 800-559-4534 or kit@androvett.com.”

Share this:

  • Facebook
  • LinkedIn
  • Email
  • Twitter

Like this:

Like Loading...

Denbury Tug-of-War Continues

23 Friday Jan 2015

Posted by texascondemnation in Chambers County, Denbury, Fort Bend County, Harris County, Jefferson County, JMEH Law News, Pipelines, Power Lines, Property Rights, texas condemnation, texas condemnation lawyer, texas eminent domain

≈ Leave a comment

Tags

172nd District Court, common-carrier status, Condemnation, denbury green, Denbury Green Pipeline, Eminent Domain, Justin Hodge, Ninth District Court of Appeals, RRC, T-4 Permit, Texas Railroad Commission, Texas Rice Partners

Denbury Green Pipeline

The 120-mile “Green” Pipeline, completed in 2010, runs from Donaldsonville, Louisiana to Houston, Texas.

Despite the drop in oil prices, the tug-of-war between landowners and the Denbury Green pipeline company continues to play out in court in the landmark case that defined common-carrier status in Texas.

Texas Rice Partners, Ltd. v. Denbury Green Pipeline, involving Denbury’s right to invoke eminent domain to obtain the properties of Texas Rice Land Partners, Ltd., a consortium of rice farmers, was ruled in the pipeline company’s favor by both the 172nd District Court and the Texas Ninth District Court of Appeals in Beaumont, Texas, in 2011. These courts claimed that Denbury was indeed a common carrier, and, therefore, could use eminent domain to obtain land to build its pipeline.

The Texas Supreme Court, however, reversed those rulings, arguing that Denbury’s classification as a common carrier rested too heavily on a pipeline company simply checking a box on a one-page document for the Texas Railroad Commission (RRC) and that the RRC’s findings could not reliably and conclusively determine a company’s power to use eminent domain.

The Supreme Court remanded the case back to the district court late 2011, and the district court again ruled in favor of Denbury’s common carrier status in 2014. The case continued again to the appellate court in Beaumont, which heard oral arguments for the case last month. Denbury built the pipeline during this legal back-and-forth, but the landowners hope the appellate court will send the case back to the Supreme Court as the case has yet to be heard by a jury and that Denbury’s intent to serve as a common carrier at the time of condemnation has not been established (Read more here).

While the court of appeals has not yet ruled on this matter, the RRC announced new regulations for granting a T-4 permit – required for property condemnation by pipeline companies – effective March 2015 in an effort to better regulate this process. The new regulations will ask for more substantial information and supporting documentation from companies applying for the permit and enforce a new timeline for the application process (Read more about the new regulations here).

As laws and precedent for private companies to invoke eminent domain continue to change, landowners should try to stay up-to-date to better protect their property rights. In fact, we all should. The laws are changing quickly, and the tug-of-war between pipeline companies and landowners will impact us all.

Justin Hodge is a law partner in Houston, Texas. He focuses on eminent domain, condemnation and landowner defense. For more information, please see http://www.jmehlaw.com.  

Coauthored by Justin Hodge and Ayla Syed.

Share this:

  • Facebook
  • LinkedIn
  • Email
  • Twitter

Like this:

Like Loading...

TexasEminentDomainLawyer.com

02 Monday Dec 2013

Posted by texascondemnation in JMEH Law News, Pipelines, Power Lines, Property Rights

≈ Leave a comment

Tags

Billboard Valuation, Texas condemnation lawyer, Texas eminent domain case law, Texas Eminent Domain cases, Texas eminent domain law, Texas eminent domain lawyer, TexasEminentDomainLawyer.com

We are excited to announce the launch of our new blog, TexasEminentDomainLawyer.com!  This blog will provide case law updates and summaries on recent eminent-domain decisions in Texas.

TexasEminentDomainLawyer.com

We invite you to enjoy our recent posts summarizing pipeline cases.  We will be adding summaries of new billboard valuation cases soon.  TexasCondemnation.com will continue to provide breaking news and commentary on Condemnation and eminent domain issues.

 

Share this:

  • Facebook
  • LinkedIn
  • Email
  • Twitter

Like this:

Like Loading...

Lattice Tower Construction

06 Wednesday Feb 2013

Posted by texascondemnation in Power Lines, Property Rights

≈ Leave a comment

Tags

Power Lines

Lattice tower power line construction is moving forward in North Texas despite PUC’s preference for use of monopoles.

20130206-165150.jpg

Share this:

  • Facebook
  • LinkedIn
  • Email
  • Twitter

Like this:

Like Loading...

Stay up to date with Justin and Luke

texascondemnation

texascondemnation

Luke Ellis and Justin Hodge are partners with Marrs Ellis & Hodge LLP. Justin heads the firm's eminent domain practice in the Houston office. Luke heads the firm's eminent domain practice in the Austin office. Luke Ellis is widely recognized as one of Texas’s top young lawyers—and one of the top lawyers of any age practicing in the area of eminent domain. Mr. Ellis has broad experience and has enjoyed success in many types of civil litigation. Justin Hodge is a trial lawyer who represents Texas landowners in condemnation, eminent-domain, and real-estate lawsuits. He represents landowners in condemnation proceedings, not the governmental authorities or private companies taking property. Mr. Hodge has handled complex condemnation and eminent-domain cases throughout the State of Texas. If you have questions about any of the issues raised in this blog, we invite you to discuss them with us at jhodge@mehlaw.com or lellis@mehlaw.com.

Personal Links

  • Marrs Ellis & Hodge LLP

View Full Profile →

RSS TexasCondemnation

  • Jacob Merkord on Fox 7 Austin News Regarding Matterhorn Pipeline in Williamson County, Texas August 3, 2022
    Jacob Merkord, Marrs Ellis & Hodge LLP partner, was interviewed on Fox 7 Austin news regarding the upcoming Matterhorn Pipeline …Continue reading →
    texascondemnation
  • Luke Ellis Interviewed on KXAN-NBC News Austin Regarding Matterhorn Pipeline Project July 13, 2022
    Luke Ellis, Marrs Ellis & Hodge LLP partner, was interviewed on KXAN-NBC news in Austin regarding the upcoming Matterhorn pipeline …Continue reading →
    texascondemnation
  • Watch Justin Hodge on Fox26 News – Texas Supreme Court Approves Eminent Domain for High Speed Train Between Houston and Dallas June 30, 2022
    Justin Hodge was interviewed on Fox26 news about the Texas Supreme Court’s recent approval of eminent domain for the high …Continue reading →
    texascondemnation
  • ALI CLE Eminent Domain Conference – Scottsdale, Arizona January 28, 2022
    Justin Hodge with Marrs Ellis and Hodge presented at the 2022 ALI CLE Eminent Domain Conference in Scottsdale, Arizona. You …Continue reading →
    texascondemnation
  • Brazoria County Bar Association – Eminent Domain Presentation January 20, 2022
    Justin Hodge, Kyle Baum, and Kyle Hlavinka presented on eminent domain at the January 2022 Brazoria County Bar Association luncheon. …Continue reading →
    texascondemnation
  • Oral Arguments Held in Tropical Storm Harvey Downstream Flooding Cases January 13, 2022
    On January 12, 2022, the United States Court of Appeals for the Federal Circuit heard Milton v. United States (The Tropical Storm …Continue reading →
    texascondemnation
  • Law360 – High Speed Rail Showdown In Texas January 4, 2022
    Emma Whitford, with Law360, wrote a terrific article entitled “3 Real Estate Cases to Watch in 2022.” As part of …Continue reading →
    texascondemnation
  • Groups File Complaint With FHWA Against TxDOT on I-45 Project in Houston, Texas. December 18, 2021
    Alliance Houston, Stop TxDOT I-45, LINK Houston, Texas Appleseed, and Texas Housers filed a complaint on Thursday, December 16, 2021 …Continue reading →
    texascondemnation
  • High Speed Train from San Antonio to Monterrey – TxDOT and Mexico Study Concept December 11, 2021
    TxDOT and Mexico both recently conducted studies connecting San Antonio, Texas to Monterrey, Mexico. Another high-speed train project is also …Continue reading →
    texascondemnation
  • TxDOT I-45 Project is Allowed to Proceed December 3, 2021
    Despite months of delay, the Federal Highway Administration announced that TxDOT is allowed to proceed with portions of the I-45 …Continue reading →
    texascondemnation

Follow Our Blog via Email

Enter your email address to follow this blog and receive notifications of new posts by email.

Twitter Updates

Error: Twitter did not respond. Please wait a few minutes and refresh this page.

Twitter Updates

  • With the #Keystone decision looming, will the President propose a quid pro quo? wp.me/p2D4PK-3i via @JustinAHodge #Obama #Pipelines 9 years ago
  • City of #Austin may pay Whittington $14.1 million for downtown block wp.me/p2D4PK-3f via @JustinAHodge #TexasSupremeCourt 9 years ago
  • Court rules #EPA can withdraw mining permits wp.me/s2D4PK-196 via @JustinAHodge #Coal #Pollution 9 years ago
Follow @TXCondemnation

Twitter Updates

  • With the #Keystone decision looming, will the President propose a quid pro quo? wp.me/p2D4PK-3i via @JustinAHodge #Obama #Pipelines 9 years ago
  • City of #Austin may pay Whittington $14.1 million for downtown block wp.me/p2D4PK-3f via @JustinAHodge #TexasSupremeCourt 9 years ago
  • Court rules #EPA can withdraw mining permits wp.me/s2D4PK-196 via @JustinAHodge #Coal #Pollution 9 years ago
Follow @JMEHLaw

TexasCondemnation

  • RSS - Posts
  • RSS - Comments

Pages

  • About
    • Justin Hodge
    • Luke Ellis
  • Contact Us
  • Eminent Domain FAQs
  • Resources
    • Fair Market Value Considerations
    • Highest and Best Use
    • Highway Expansions
    • Pipelines
    • Power Lines
    • Water Rights
    • What is Eminent Domain?
  • Sitemap
  • Thank You

Powered by WordPress.com.

 

Loading Comments...
 

    %d bloggers like this: