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Category Archives: Texas Eminent Domain Attorney

UPDATE: The PUC Approved the Howard-Solstice 765kV High Voltage Powerline

25 Friday Sep 2026

Posted by texascondemnation in 765kV Transmission Lines, Texas Eminent Domain Attorney, Texas Eminent Domain Lawyer

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765kV High Voltage Transmission Line, Austin eminent domain lawyer, Condemnation, Eminent Domain, property rights

The Howard-Solstice Transmission Line is no longer a proposal. The Public Utility Commission of Texas approved the 765kV transmission line, and right-of-way takings will begin in coming months. These large powerlines will span 370 miles across 14 counties, cross countless Texas properties, and require a 200-foot-wide easement and massive transmission structures.1

A Howard-Solstice electric easement is not simply a strip of land on your property. It will be a permanent taking that can limit how you use it, restrict future development, and interfere with agricultural and ranching operations.

Photo by Getty Images

Landowners should not assume that Howard-Solstice’s offer reflects the full value of their property or the full damages caused by the easement. An eminent domain attorney can help you understand exactly what is being taken, what rights are at stake, and the just compensation owed.

At Marrs, Ellis & Hodge LLP, we represent Texas landowners in eminent domain and condemnation matters. We work to identify the full impact of a taking, litigate against condemning authorities, and pursue the maximum compensation landowners are entitled to receive. If the Howard-Solstice Transmission Line will cross your property, now is the time to protect your rights. Call (512) 215-4078 for a free consultation with an experienced eminent domain attorney today.

  1.  AEP Texas Transmission, Howard-Solstice Transmission Line Project, http://www.aeptransmission.com/texas/howard-solstice
    ↩︎

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West Texas Landowners Face a New Threat From the Longshore-to-Drill Hole 765 kV Project

11 Friday Sep 2026

Posted by texascondemnation in 765kV Transmission Lines, Powerlines, Texas Eminent Domain Attorney

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765kv, Electric energy, Eminent Domain, land rights, Powerline, property rights, Texas Condemnation, Transmission line

In West Texas, the booming demand for power from data centers and oil and gas operations is fueling a massive expansion of the electric grid, but landowners are the ones being forced to bear the cost. Longshore Switch to Drill Hole Switch is now moving forward, despite hundreds of landowner testimonies demanding its reconsideration. As a result, the transmission line will now cut through pastures, ranches, and potentially your own land.

First of its kind in Texas, this 765 kV transmission line project will run about 160 miles through 10 counties.1 If you own land that may be crossed by the Longshore to Drill Hole Transmission Line, your rights may be in danger. An electric easement can affect your land’s operations, restrict future development, lead to devaluation in your land, and permanently limit how you use your property.

Photo by Fernando Santander via Unsplash

Marrs, Ellis & Hodge LLP represents Texas landowners in eminent domain and condemnation matters. Backed by decades of experience and extensive industry knowledge, we have the ability to fight for the compensation you deserve.

If the Longshore to Drill Hole project could affect your property, do not navigate the process alone. Call Marrs, Ellis & Hodge LLP at (512) 215-4078 for a free consultation with an experienced eminent domain attorney.

  1. The 10 counties being affected include: Andrews, Culberson, Ector, Glasscock, Howard, Loving, Martin, Midland, Reeves, and Winkler. ↩︎

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WTG Temple Transmission Pipeline – Williamson and Bell Counties

21 Friday Aug 2026

Posted by texascondemnation in Pipelines, texas condemnation, texas condemnation lawyer, texas eminent domain, Texas Eminent Domain Attorney, Texas Eminent Domain Lawyer, Texas Railroad Commission

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Bell County, Condemnation, Eminent Domain, property rights, Texas, Williamson County

The WTG Temple Transmission pipeline will impact landowners in Williamson and Bell Counties. WTG has already begun sending offers to take permanent easements for the project. If you are a landowner who may be affected, here’s what you need to know.

Although the project is still in its early stages, WTG is actively seeking permanent easements to secure their preferred pipeline route. For landowners, accepting an initial offer without fully understanding the easement terms and potential damages could mean giving up valuable property rights.

If you have received a notice of survey, offer letter, or appraisal related to the WTG Temple Transmission Line, don’t assume WTG’s initial offer reflects the full value of your property. An experienced eminent domain attorney can evaluate the easement terms, identify potential damages to your property, and represent you against WTG to pursue the maximum compensation available.

At Marrs, Ellis & Hodge LLP, we have a track record of protecting Texas landowners’ rights and winning trials against pipeline companies. Our eminent domain attorneys understand the tactics pipeline companies use and can help you evaluate whether WTG’s offer fairly compensates you for the rights it seeks. Call (512) 215-4078 today to speak with one of our experienced attorneys.

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What Austin’s Light Rail Project Means for Property Owners

07 Friday Aug 2026

Posted by texascondemnation in High-Speed Rail, Highest and Best Use, Landowner Rights, texas condemnation, texas condemnation lawyer, texas eminent domain, Texas Eminent Domain Attorney, Texas Eminent Domain Lawyer

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Attorneys, Austin condemnation, Austin eminent domain lawyer, Condemnation, Eminent Domain, property rights, Texas, Texas Condemnation, texas eminent domain

Austin’s Light Rail Project is moving from planning to property taking. The Austin Transit Partnership (ATP) has already begun taking land, and more property owners can expect to receive survey requests, purchase offers, and other notices as the project moves forward.

The first phase of the project will span nearly 10 miles through North, Downtown, South, and East Austin. To make way for the rail line, stations, and maintenance facility, the project is expected to seize approximately 85 acres, displace dozens of businesses, remove hundreds of on-street parking spaces, and permanently reshape parts of the city.

Light rail development in East Riverside, Austin via Austin American-Statesman

With construction set to begin in 2027, time is of the essence. Austin’s Light Rail Project may lead to reduced property value, lost access, decreased business visibility, parking impacts, relocation costs, and other damages that may not be reflected in ATP’s initial offer. Before accepting an offer or signing any documents, speak with an experienced eminent domain attorney to identify damages that ATP may overlook.

For decades, Marrs, Ellis & Hodge LLP has represented Texas property owners in eminent domain and condemnation matters. If you have received a notice from the Austin Transit Partnership, call (512) 215-4078 today for a free consultation with one of our experienced eminent domain attorneys.

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Luke Ellis and Justin Hodge (Program Co-Chair) – Faculty at Houston Eminent Domain Conference

09 Wednesday May 2018

Posted by texascondemnation in Houston, Houston eminent domain, Pipelines, Politics, Property Rights, texas condemnation, texas condemnation lawyer, texas eminent domain, Texas Eminent Domain Attorney, Texas Eminent Domain Lawyer

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Luke Ellis and Justin Hodge (Program Co-Chair), Marrs Ellis & Hodge LLP, are both faculty at the upcoming Houston, Texas Eminent Domain: CLE International Conference on Thursday, May 10, 2018 and Friday, May 11, 2018.  Luke will be speaking on Thursday at 10:00 am on Texas Eminent Domain Legislative Reform Efforts and Justin will be speaking as part of a panel on Friday at 10:15 am on the Legal Impacts of Hurricane Harvey.   The full conference schedule can be found here.  We hope you can join us at the conference.

Screen Shot 2018-05-09 at 11.15.20 AM

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Oil Pipeline Ruptures – Landowners Evacuate

21 Friday Jul 2017

Posted by texascondemnation in Pipelines, Property Rights, texas condemnation, texas condemnation lawyer, texas eminent domain, Texas Eminent Domain Attorney, Texas Eminent Domain Lawyer, Texas Railroad Commission, Uncategorized

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Bastrop County, Condemnation, Crane, Crude Oil, Diesel, Eminent Domain, Evacuation, Houston, Longhorn, Magellan, oil and gas, pipeline, Rupture, Spill, Takings

The Longhorn pipeline, a crude oil pipeline operated by Magellan Midstream Partners (“Magellan”), ruptured approximately 4 miles southwest of Bastrop, Texas on July 13, 2017. The pipeline transports crude oil from Crane, Texas to Houston, Texas, a distance of roughly 500 miles. A contractor was performing maintenance on the pipeline, which was operating when it ruptured. As a result, an estimated 1,200 barrels (50,400 gallons) of crude oil spilled into the surrounding area.

Residents within a 1-mile radius of the rupture were asked to evacuate while residents within a 2-mile radius were given the option to either evacuate or take shelter in their homes. FM 520, the nearby thoroughfare, was shut down in both directions.

When it ruptured, the Longhorn pipeline was running at or near its full capacity. The Longhorn pipeline is a large capacity pipeline capable of transporting upwards of 200,000 barrels of crude oil per day. A prolonged shutdown could potentially mean that suppliers would have to look elsewhere to get their crude oil transported to the Gulf Coast.

This is not the first spill involving a Magellan operated pipeline. In January, a pipeline transporting diesel fuel spilled roughly 45,000 gallons of diesel in Northern Iowa.

A significant portion of property takings in Texas are the result of oil and gas pipeline projects. Incidents such as this serve as a reminder that even after condemnation proceedings have concluded, pipelines can still carry risks and create health and safety concerns. Due to the hazardous nature of the products pipelines transport, the potential for accidents poses an enduring threat to crops, livestock, water supplies, and property values. Landowners would do well to keep these considerations in mind when approached by oil and gas companies seeking to obtain an easement across their land.

Written by Graham Taylor

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Legislature Bails Out Railroad Commission- Helps Landowners

07 Friday Jul 2017

Posted by texascondemnation in Pipelines, texas condemnation, texas eminent domain, Texas Eminent Domain Attorney, Texas Eminent Domain Lawyer, Texas Railroad Commission, Uncategorized

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budget increase, Condemnation, Constitution, Eminent Domain, landowner rights, pipeline, pipeline data, Pipelines, power of eminent domain, Texas Constitution, Texas Legislature, Texas Railroad Commission, TRC, United States Constitution

The Texas Railroad Commission (“TRC”), an agency that has suffered financial difficulties due to budget cuts and reduced revenues, recently received a budget increase of 46 percent ($79.6 million) in the recently ended legislative session. These budgetary increases will hopefully allow the TRC to improve upon their ability to be an effective resource for landowners and make pipeline data readily available to the everyday Texan. Pipeline construction often requires pipeline companies to use the power of eminent domain to condemn property, commonly referred to as a “taking.” Public access to information collected by the TRC is vital to keeping landowners aware of activities that could affect their property.

The budget increase follows a year that saw monthly budget cuts of over a million dollars, a hiring freeze, and the postponing of desperately needed technological updates. In light of these financial difficulties, the TRC was forced to limit their operations to two core functions, the permitting and inspection of wells. Another one of the TRC’s functions is the issuance of T-4 permits which grants pipeline constructors the common carrier status required to exercise the power of eminent domain. A vital component of fulfilling this function is to maintain a public database of pipeline easements in the State of Texas.

The increased funding is intended, in part, to improve programs for well plugging, oil field clean up, and pipeline safety by financing the hiring of additional staff. The TRC’s staff is capped at 827 employees. Presently, the TRC is roughly 150 employees short of that maximum number. Additionally, the TRC was granted one-time authorization to retain nearly $40 million in revenue collected through its administration of the Natural Gas Utility Pipeline Tax. Roughly $27.6 million of that money will also be used to hire additional employees. The remainder will be used to provide salary increases.

An additional purpose of the budget increase is to continue, and hopefully expedite, the drawn-out process of updating the TRC’s computers and digitizing decades of oil and gas records which include pipelines constructed with and without the power of eminent-domain in the State.

In addition to updating its computer systems and digitizing historical records, the TRC provides an interactive map, accessible to the public, that tracks existing and operational pipelines throughout the State. The data represented by the interactive map may not always be current. This ambiguity diminishes the capacity of Texans to appreciate the scope of pipeline activity and its effect on their lives and property. One day, perhaps, the TRC will expand the functionality of its interactive map to include planned pipelines. This would allow landowners to determine whether a project under development will impact their property.

Landowners, under both the U.S. and Texas Constitutions, are entitled to just compensation when their land is taken. These database improvements can help begin to level the playing field between landowners and powerful oil and gas interests by keeping landowners current on projects that could impact their property rights.

– Co-Authored by Graham Taylor and Justin Hodge

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‪Vote to support to end #eminentdomain ‬for private gain. YES on SB 740 @loiskolkhorst

18 Tuesday Apr 2017

Posted by texascondemnation in common-carrier status, Denbury, Pipelines, Politics, SB 747, texas condemnation, texas condemnation lawyer, texas eminent domain, Texas Eminent Domain Attorney, Texas Eminent Domain Lawyer, Texas Transportation Commission

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‪Vote to support to end #eminentdomain ‬for private gain. YES on SB 740 @loiskolkhorst

Please watch the “‘TRANS PECOS’ | TEASER” on Vimeo.

 

The website for “TRANS PECOS” can be viewed here.

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Luke Ellis interviewed on Fox News: Border wall faces legal battles over eminent domain in Texas

12 Wednesday Apr 2017

Posted by texascondemnation in Border Fence, Border Wall, Landowner Rights, Politics, Property Rights, texas condemnation, texas condemnation lawyer, Texas Eminent Domain Attorney, Texas Eminent Domain Lawyer

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Border Fence, Border Wall, Condemnation, Eminent Domain

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The story can be viewed on our website.

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Texas Supreme Court Pipeline Ruling Sets back Texas Land Owner Rights

03 Friday Feb 2017

Posted by texascondemnation in common-carrier status, Denbury, Environmental Permitting, Landowner Rights, Pipelines, Politics, Property Rights, Supreme Court, texas condemnation, texas condemnation lawyer, texas eminent domain, Texas Eminent Domain Attorney, Uncategorized

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Appellate Court, Common Carrier, Common Carrier Test, common-carrier status, Denbury, Denbury Green Pipeline, landowner rights, Landowners, Opinion, politics, property rights, Public Benefit, Public Use, supreme court of texas, Texas, texas property rights, Texas Rice Land Partners, Third Party Contract

According to the Fifth Amendment of the U.S. Constitution and Article I, Section 17 of the Texas Constitution, applications of the eminent-domain power must be for public use. Jurisdictions have developed legal and administrative structures which allow private interests limited uses of the power. For Texas pipelines, the granting of eminent-domain authority can only take place when a project fulfills certain requirements. Chief among these is the ability to prove that the pipeline has a public use, meaning it is not being built exclusively for and used only by the entity condemning the land. Statewide, the common-carrier definition, and the derivative test determining whether the definition can describe a given pipeline, is used to establish and enforce the public use requirement.

In the recently decided Denbury Green Pipeline – Texas, LLC v. Texas Rice Land Partners, Ltd., the Texas Supreme Court clarified the access conditions for common-carrier status. In 2015, an appellate court established two additional barriers to common-carrier status. First, it held that a pipeline’s common carrier status must result from an examination of the intent of the constructing party to use the pipeline for public benefit at the onset of the project’s contemplation. Second, the pipeline’s use must serve a “substantial” public interest. The Supreme Court decision reversed these two holdings, the first on the grounds that it misinterpreted case law, and the second because it proceeded beyond the limits of precedent. The Supreme Court also held that Denbury’s post-construction product transportation contracts with third parties, and the fact that certain third parties would retain product title, was sufficient to evidence public use and therefore common-carrier status after the pipeline is built. This opinion is a significant blow to Texas landowner rights.

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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.

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