• 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 Eminent Domain Attorney

Houston Churches Face Goliath in Eminent-Domain Battle

21 Friday Aug 2015

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

≈ Leave a comment

Tags

Attorneys, Austin, Austin condemnation, Austin eminent domain lawyer, Blog, Church, Condemnation, Condemnation claims, Eminent Domain, Houston, Houston condemnation, Houston eminent domain lawyer, property rights, Texas, Texas condemnation lawyer, texas eminent domain, Texas eminent domain lawyer

He and the church have helped congregants through drug addictions and gang violence, establishing a youth center and food pantry as part of the church’s mission, but they may have encountered a problem they cannot overcome: the power of eminent domain.

Bishop Roy Lee Kossie has been preaching at Latter Day Deliverance Revival Church in Houston’s Fifth Ward for 50 years, starting his work in 1965 when the area had gained notoriety as one of the city’s most dangerous neighborhoods.

At that time, the Fifth Ward became known as the “Bloody Nickel.” But, decades before the spur of its neighborhood violence, locals simply called it the “Nickel.” The neighborhood had served as a hub for minority-owned businesses and development during an era of redlining and de facto segregation. Congressman Mickey Leland and Congresswoman Barbara Jordan are products of the Fifth Ward, both attending Phillis Wheatley High School on Lyons Avenue, one of the nation’s largest black schools before desegregation.

The neighborhood, once flourishing with the hustle-and-bustle of local businesses, began to change in the 60s, according to the Texas State Historical Association, when upwardly mobile residents moved out to seek broader opportunities that stemmed from integration. Some attribute the neighborhood’s economic and social fall to Highway 59’s exclusion of Lyons Avenue and Jensen Drive – two of the Fifth’s busiest streets at the time – as exits on the major roadway, according to Houston History Magazine.

“The decline was slow,” Patricia Pando wrote in the Houston History Magazine. “Businesses did not disappear overnight. Nevertheless, by the late 1960s, the Lyons Avenue and Jensen Drive intersection was all but abandoned except for the still booming nightclub activity.”

The area’s decline did not, however, scare Bishop Kossie away from his church on Lyons Avenue. The church worked to acquire property, including the lots of two neighboring nightclubs, for its ministry.

“People shot first and asked questions later,” he said in a news release from the Liberty Institute. “But, we love this community. This is where the Lord called us and this is where we want to stay.”

He and the church have helped congregants through drug addictions and gang violence, establishing a youth center and food pantry as part of the church’s mission, but they may have encountered a problem they cannot overcome: the power of eminent domain.

The Houston Housing Authority (“HHA”) has made offers to purchase three of the church’s properties and has threatened to use eminent domain if those offers are not accepted, according to a lawsuit filed August 3 by Latter Day Deliverance Revival Church (“Latter Day”) and Christian Fellowship Missionary Baptist Church (“Christian Fellowship”). Liberty Institute is representing the churches and stated that the HHA was also seeking property owned by Christian Fellowship, a church that has been in the neighborhood for nearly 40 years.

The two churches in Houston’s Fifth Ward assert that the HHA’s use of eminent domain for a redevelopment project infringes upon the churches’ right to practice religion freely as the entity is seeking to take an “undeveloped” plot that Latter Day currently uses for parking and for its outdoor ministry in addition to other properties owned by the churches.

The HHA was seeking a total of four parcels from the two churches, three from Latter Day and one from Christian Fellowship, according to the Houston Chronicle. Christian Fellowship resides on one of those parcels, and the HHA planned to demolish the church to build a library, according to a lawyer for the Liberty Institute quoted in the Houston Chronicle Aug. 4.

The HHA initiated a redevelopment project in the Houston neighborhood in partnership with the Fifth Ward Community Redevelopment Corporation (“FWCRC”), an organization dedicated to revitalizing the historic Houston neighborhood through various development projects. The project, however, has come under public scrutiny since the lawsuit was filed. The HHA and the FWCRC altered their initial plan in response to the criticism, and their new plan would allow Pastor Quinton Smith to continue his 20-year career at Christian Fellowship.

“Toward ensuring [Pastor Smith’s] congregation continues its important presence in this community, I have asked our authority’s president, Tory Gunsolley, to work with our consultants to create an alternate development plan that does not include the property of First Christian Fellowship Missionary Baptist Church,” Chairman of the Houston Housing Authority Board of Commissioners Lance Gilliam said. “Unfortunately, that alternate plan will not allow us to include a new library. We recognize, however, that this sacrifice is balanced by the very real impact Pastor Smith and his congregation will have on the lives of existing and future residents of the Fifth Ward.”

Despite this alteration, the HHA and the FWCRC still plan to acquire Latter Day’s property to build a private health clinic.

“Although I applaud Bishop Kossie’s and his congregation’s impact on the quality of life in the Fifth Ward, I cannot provide him any comfort regarding our disagreement,” Gusnolley said.

The court has granted the churches a temporary restraining order to keep the housing authority off their properties but has not yet decided on whether the potential HHA taking violates the Texas Religious Freedom Restoration Act.

The HHA and the FWCRC may have noble intentions for the Fifth Ward as the FWCRC has a history of involvement in the community that includes the building of more than 300 homes in an effort to revitalize the Nickel. But, if we have learned anything since Kelo, it is that economic growth and development should not be cause enough to infringe upon someone’s constitutionally-protected property rights. Latter Day purchased its parcels of land with a vision in mind, and the HHA should not come between the church and that vision without having a compelling reason vested in the public interest to do so.

Co-authored by Justin Hodge and Ayla Syed.

If you have any questions about this blog, please feel free to contact Justin Hodge (jhodge@jmehlaw.com). 

Share this:

  • Share on Facebook (Opens in new window) Facebook
  • Share on LinkedIn (Opens in new window) LinkedIn
  • Email a link to a friend (Opens in new window) Email
  • Share on X (Opens in new window) X

Like this:

Like Loading…

College Station, Texas – Property Owner and Landowner Rights Conference

07 Friday Aug 2015

Posted by texascondemnation in College Station, JMEH Law News, Landowner Rights, Property Rights, texas condemnation, texas condemnation lawyer, texas eminent domain, Texas Eminent Domain Attorney, Texas Eminent Domain Lawyer

≈ Leave a comment

Tags

Austin condemnation, Austin Eminent Domain Attorney, Austin eminent domain lawyer, College Station Eminent Domain, Houston condemnation, Houston Condemnation Lawyer, Houston Eminent Domain Attorney, Houston eminent domain lawyer, landowner rights, property rights, Texas Condemnation, Texas condemnation lawyer, texas eminent domain, Texas eminent domain lawyer, Texas Lawyer

College Station has been a hub for growth in recent years, and this growth has triggered the development of several large-scale infrastructure projects that will require the use of eminent-domain to reach fruition. In an effort to help educate local landowners of their rights in these proceedings, Johns Marrs Ellis & Hodge hosted the Property Owner and Land Owner Rights Conference on May 9 in College Station.

Aggie projects

Tiffany Dowell Lashmet

Tiffany Lashmet

Tiffany Dowell Lashmet, Assistant Professor and Extension Specialist who focuses on Agricultural Law at Texas A&M Agrilife Extension, spoke to those in attendance about easement negotiations and rights. Lashmet writes and maintains the Texas Agriculture Law blog for A&M, a site that has been regarded as one of the top legal blogs in the nation.

“Condemnation proceedings have very different procedures than other civil cases,” she wrote in one blog. “It is important for landowners to understand the condemnation process in case they ever find themselves faced with a condemnation suit.”

JMEH partners Luke Ellis and Justin Hodge also presented at the conference and provided a summary of Texas Senate and House bills pertaining to eminent domain. Most of the bills discussed did not make their way into legislation at the close of Texas’ 84th Legislative Session. The two also went over what the landowners affected by nearby projects could expect in an eminent-domain lawsuit.

“There were dozens of concerned landowners in attendance who are deeply impacted by these projects,” Hodge said.

The conference also included discussions about land valuation, typical valuation disputes in condemnation cases, and information about what to look for when obtaining an appraiser.

If you have any questions regarding this seminar or any other projects, please feel free to contact Luke Ellis (lellis@jmehlaw.com) or Justin Hodge (jhodge@jmehlaw.com).

 

Share this:

  • Share on Facebook (Opens in new window) Facebook
  • Share on LinkedIn (Opens in new window) LinkedIn
  • Email a link to a friend (Opens in new window) Email
  • Share on X (Opens in new window) X

Like this:

Like Loading…
Newer posts →

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.

View Full Profile →

RSS feed: TexasCondemnation TexasCondemnation

  • Breaking Up Is Hard To Do: Tex App Says Target’s Slice Of A Shopping Center Taking Can’t Be Severed From The Rest October 8, 2026
    Usually, when “unity of use” comes up in an eminent domain case, the property owner is the one arguing that …Continue reading →
    texascondemnation
  • UPDATE: The PUC Approved the Howard-Solstice 765kV High Voltage Powerline September 25, 2026
    The Howard-Solstice Transmission Line is no longer a proposal. The Public Utility Commission of Texas approved the 765kV transmission line, …Continue reading →
    texascondemnation
  • West Texas Landowners Face a New Threat From the Longshore-to-Drill Hole 765 kV Project September 11, 2026
    In West Texas, the booming demand for power from data centers and oil and gas operations is fueling a massive …Continue reading →
    texascondemnation
  • The Dinosaur-to-Longshore 765 kV Project Is Coming, and Texas Landowners Could Pay the Price September 4, 2026
    The Public Utility Commission of Texas recently approved Oncor’s proposed Dinosaur Switch to Longshore 765 kV Transmission Line. The proposed …Continue reading →
    texascondemnation
  • WTG Temple Transmission Pipeline – Williamson and Bell Counties August 21, 2026
    The WTG Temple Transmission pipeline will impact landowners in Williamson and Bell Counties. WTG has already begun sending offers to …Continue reading →
    texascondemnation
  • What Austin’s Light Rail Project Means for Property Owners August 7, 2026
    Austin’s Light Rail Project is moving from planning to property taking. The Austin Transit Partnership (ATP) has already begun taking …Continue reading →
    texascondemnation
  • The Howard-Solstice Transmission Line: What You Should Know July 30, 2026
    A transmission line can cost you far more than the land covered by the easement. If your property is affected by …Continue reading →
    texascondemnation
  • Massive New Transmission Lines Are Headed Across Texas July 10, 2026
    Texas’ first 765-kilovolt transmission lines could permanently reshape the land they cross. If your property falls along the proposed Bell …Continue reading →
    texascondemnation
  • Justin Hodge, Kyle Baum, and Hannah Sliva Speak at No East Loop BBQ Social in Bryan, Texas April 15, 2025
    Last week, Justin Hodge, Kyle Baum, and Hannah Sliva had the privilege of speaking at the April No East Loop …Continue reading →
    texascondemnation
  • Justin Hodge Interviewed Regarding the Trident Intrastate Pipeline Project on Houston Matters February 10, 2025
    Justin Hodge, Marrs Ellis & Hodge LLP partner, was interviewed on Houston Matters with Craig Cohen regarding the upcoming Kinder …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

Tweets by JMEHCondemn

Twitter Updates

Tweets by TXCondemnation

Twitter Updates

Tweets by 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