• 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: Texas Department of Transportation

High Speed Rail Number Two

02 Friday Sep 2016

Posted by texascondemnation in High-Speed Rail, Texas Department of Transportation

≈ Leave a comment

Tags

850 mile route, bullet train, commute, Dallas to Houston, Eminent Domain, Federal Railroad Administration, FRA, High-Speed Rail, Interstate 35, Oklahoma City, private property, Rio Grande Valley, Texas Central Partners, Texas Department of Transportation, Traffic, TxDOT

The Texas Department of Transportation (TxDOT) announced that it is considering the development of a high-speed rail line. The rail line would be the second such project proposed recently, the other being the frequently discussed Dallas to Houston high-speed rail under development by Texas Central Partners, a private firm. The TxDOT train would travel over an 850 mile route, connecting Oklahoma City and the Rio Grande Valley. Though the exact placement of each station has yet to be fully determined, TxDOT has already released a preliminary map with several proposed points. The project would run along Interstate 35, and would assist TxDOT’s ongoing objective to reduce traffic.

“I travel back between Austin and San Antonio a lot, and sometimes it takes three hours and sometimes it takes five hours depending on the traffic,” said Mark Werner, the rail planning director at TxDOT. “It’s just reliability and to provide people another option to travel.”

So far, TxDOT has yet to propose solutions to address the cost and timeline components of such an undertaking. TxDOT is still investigating the feasibility of the project, and is expected to present its findings to the Federal Railroad Administration by the end of the year. If this project receives the green light, it is likely the state would use its powers of eminent domain to acquire private property along the route.

Share this:

  • Facebook
  • LinkedIn
  • Email
  • Twitter

Like this:

Like Loading...

New TxDOT Plan “CityMAP” Presents New Alternatives to Reduce Congestion

24 Friday Jun 2016

Posted by texascondemnation in Landowner Rights, Property Rights, Texas Department of Transportation, texas eminent domain, TxDOT

≈ Leave a comment

Tags

CityMAP, Congestion, Dallas, Dallas Master Assessment Plan, economic development, highway development, Landowner's Bill of Rights, Texas Property Code, traffic efficiency

Landowner's Bill of Rights TX

The Texas Department of Transportation (TxDOT) recently announced a new plan called CityMAP which outlines the department’s initiatives to address Dallas’ current and future transportation issues. CityMAP, short for Dallas City Master Assessment Plan, constitutes a change in direction for TxDOT, which has a long tradition of attempting to resolve congestion issues by funding road-expansion projects. After years of mixed results, the department has decided a change in methodology was required.

A major finding emphasized by the report was the fact that many Dallas highways currently function as physical barriers that isolate neighborhoods, making them nearly inaccessible, and severely limiting economic opportunities. The report suggested that removing highways or highway sections, or applying modifications such as lowering highway might help improve access, which could in turn spur economic development.

The study projects that at its current growth rate, the number of drivers will surpass the capacity of the highway system by 2040, despite a number of active highway-expansion projects. Such research, combined with a new focus on urban development, has led to a shift from highway traffic, to city, or urban related traffic. The thought is that making the city more suitable for cyclists or pedestrians would cause citizens to walk or bike with greater frequency, which would decrease the overall number of cars on the road and improve traffic efficiency.

But how will complete abandonment of these highways impact the landowners who lost their property to the original highway construction? Subchapter E of the Texas Property Code may have the solution.

To view the Texas Landowner’s Bill of Rights, click here.

Share this:

  • Facebook
  • LinkedIn
  • Email
  • Twitter

Like this:

Like Loading...

Round Rock’s Stagecoach Inn May Be Moved to Accommodate Road Project

27 Friday May 2016

Posted by texascondemnation in Texas Department of Transportation

≈ Leave a comment

Tags

Chisholm Trail, Deepwood Drive, Eminent Domain, Gary Huddger, IH 35, Ranch-to-Market Road 620, RM 620, Road Project, Round Rock Historic Preservation Commission, Round Rock Texas, Stagecoach Inn, Texas Department of Transportation, TxDOT, Williamson County

The Texas Department of Transportation, City of Round Rock, and Williamson County, have proposed a road construction project they hope will help alleviate traffic on a frequently congested portion of Ranch-to-Market Road (RM) 620. The proposal, which seeks to improve a stretch of road from Deepwood Drive to IH 35, calls for a widening of RM 620 from four lanes to six, and advocates the construction of an elevated four lane road above RM 620.

Incidentally, the Stagecoach Inn, a historic landmark dating back to the 1850’s, located in the project’s path, would need to be demolished or moved to accommodate the construction. Reluctant to demolish the property, the Round Rock Historic Preservation Commission deferred on a decision for demolition, allowing residents an additional four-month period to propose relocation-based solutions.

One solution, put forth by the Director of the Commission, Gary Hudder, would see the Inn moved to a portion of its current property that would be unaffected by the project.

“Is it better to haul it across town somewhere? Yes. But if we can keep it somewhere close to the actual Chisholm Trail, that’s what makes the most sense from a historical preservation perspective,” said Hudder.

Hudder also noted that as it stands, the Inn currently lacks a foundation, and relocation would provide the opportunity to add stability to the structure.

Projects which impact historical sites raise the question of trade-offs between past and future, serving as a reminder that the use of Eminent-Domain can force citizens to choose between the two.

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: