Category Archives: TxDOT

Liberty County to be Epicenter of Grand Parkway Construction in 2018

14 Friday Jul 2017

Posted by in Grand Parkway, Liberty County, texas condemnation, texas eminent domain, TxDOT

≈ Leave a comment

Tags

, , , , , , , ,

way Segments F and G. Courtesy of HoustonFreeways.com

With Construction on Segments H & I-1 of the Grand Parkway set to begin in 2018, it seems likely that a wave of eminent domain proceedings is imminent in Liberty County. The Right-of-Way acquisition process for this 37-mile long segment of the project is estimated to take 24 months and will involve approximately 375 parcels of land. Following standard practice, the Texas Department of Transportation (“TxDOT”) will present the current landowners with a series of purchase offers. Should any of these landowners reject TxDOT’s offers, the State will exercise their power of eminent-domain to condemn properties they deem necessary for the project.

Segments H and I-1, located to the northeast of Houston, will run through Chambers, Harris, Liberty and Montgomery counties. Liberty County, however, will be the epicenter of the project with a large portion of the expansion taking place within its boundaries. As construction is right around the corner, Liberty County landowners with properties located in the project’s Right-of-Way have likely already received or will soon receive offers for their land from TxDOT.

The project will add two tolled lanes each direction between US 59 and Interstate 10 (“I-10”).

Construction will include the addition of 74 bridges, spread across the entire length of the project segment. The project is expected to cost $855 million and is anticipated to be completed in 2022.

Written by Graham Taylor

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

24 Friday Jun 2016

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

≈ Leave a comment

Tags

, , , , , , , ,

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.

TxDOT Considers Expanding I-10 Between Houston and San Antonio

17 Friday Apr 2015

Posted by in Property Rights, texas condemnation, texas condemnation lawyer, texas eminent domain, TxDOT

≈ Leave a comment

Tags

, , , , , , , , , , , , , ,

The Texas Department of Texas (TxDOT) may soon expand the 200-mile route between San Antonio and Houston on I-10 by one lane in each direction, according to San Antonio Express-News.

TxDOT has not yet identified funding for this expansion and still has to complete an environmental review of the project before it can finalize plans.

Several road projects to improve mobility between large Texas cities – San Antonio, Austin, Dallas and Houston – have already been initiated in an effort to accommodate Texas’ population growth in recent years. Many of these projects may require the use of eminent domain to acquire the land needed for expansion, and landowners should pay attention to proposed projects near them. To read more about some of these projects, click here.

Co-authored by Justin Hodge and Ayla Syed.

If you have any questions about upcoming road projects or eminent-domain cases in Texas, please feel free to contact Justin Hodge at jhodge@jmehlaw.com

Abbott Boosts Road Budget by $4 Billion

21 Saturday Feb 2015

Posted by in Bryan, Houston, Navasota, Politics, Property Rights, texas condemnation, texas condemnation lawyer, texas eminent domain, TxDOT

≈ Leave a comment

Tags

, , , , , , , , , , , , , , , , ,

Governor Greg Abbott made public roads a focal point during his first State of the State Address earlier this week and included it as the third of five emergency items Texas will tackle this year.

The new governor’s budget includes an additional $4 billion for Texas roads. The governor attributed this increase in budget to funding from Proposition 1 (read more here), the current State Highway Fund, and the reallocation of half of the state’s new and used vehicle sales taxes outlined in Senate Bill 5 (read more here).

As evident from the governor’s State of the State Address, transportation will remain at the forefront of politics this year. The Texas Department of Transportation (TxDOT) has a number of projects already in motion already and announced a list of potential projects earlier this year (read more here).

One of the projects picking up speed right now is the Aggie Expressway, expected to be completed within the next few years. This project will extend State Highway 249 from Houston to Navasota, where it will connect to Highway 6 in Grimes County. The expressway could also require up to nearly 600 acres of right-of-way acquisitions.

While a less congested path to Aggieland, or College Station, will certainly help fans commuting on game days, this path will come at a cost to many local land owners.

If you have any questions regarding this or any other road projects, please feel free to contact Justin Hodge (jhodge@jmehlaw.com). To read Abbott’s full Address, click here.

Coauthored by Justin Hodge and Ayla Syed.

Big Funds Keep on Turning, Texas Highways Keep on Stirring

07 Saturday Feb 2015

Posted by in Politics, Property Rights, texas condemnation, texas condemnation lawyer, texas eminent domain, TxDOT

≈ 1 Comment

Tags

, , , , , , , , , , , , , , , , ,

A big move by Texas legislators could potentially funnel $25 billion over the span of a decade to the State Highway Fund – the second headline-making highway funding plan proposed this year.

Texas Senator Robert Nichols, R – Jacksonville, filed two pieces of legislation, Senate Bill 5 and its complementary constitutional amendment, Wednesday that could potentially move a portion of funds raised from new and used vehicle sales tax to the State Highway Fund.

Nichols serves as the chairman of the Senate Transportation Committee, and the bills were co-authored by Senator Jane Nelson, R – Flower Mound, the chairwoman of the Senate Finance Committee.

If approved by the State Legislature, the legislation would appear on the November ballot for voter approval and follow a path to implementation similar to Proposition 1 (Read our post on Proposition 1 here).

Additional highway funding would give TxDOT more leeway to expand and build upon current infrastructure and also allow it to finance new roadway projects. These projects often include condemnation proceedings to acquire land needed for expansion from current landowners. As Texas’ transportation infrastructure continues to expand, eminent domain will stay at the forefront of legal battles produced by new projects.

*Post title modified from “Proud Mary,” a song made popular by Tina Turner.

Coauthored by Justin Hodge and Ayla Syed.

$1.74 Billion for New Roads in Texas to Help Meet State’s Growing Demand

30 Friday Jan 2015

Posted by in Property Rights, texas condemnation, texas condemnation lawyer, texas eminent domain, TxDOT

≈ 4 Comments

Tags

, , , , , , , , , ,

The Texas Department of Transportation (TxDOT) announced a list of potential projects last week that would utilize funds from the Texas Transportation Funding Amendment (also known as “Proposition 1”), which passed with 80% of the votes during the November elections.

Proposition 1 is projected to funnel about $1.74 billion to TxDOT projects from oil and gas tax revenues, money that previously went solely to the state’s “Rainy Day Fund.” Half of these revenues will continue going toward the Rainy Day Fund, but the other half will now help finance road projects.

TxDOT has allocated about $150 million of Proposition 1 funds to Austin, most of which will likely go toward expanding I-35, one of the nation’s most congested highways, by two lanes. TxDOT also earmarked $278 million for projects in Houston, and part of those funds could potentially help expand US-59 to a 6-lane highway.

Texas, especially areas in Houston and Austin, has seen some of the highest rates of population growth in the nation in recent years, and this growth comes hand-and-hand with expansion.

While Texan drivers may find some relief from rush-hour congestion in the near future, many of these projects may require the use of eminent domain to acquire property needed for expansion.

TxDOT has not yet finalized its list of projects and will continue to accept comments from the public on the projects proposed last week.

If you would like more information regarding these proposed projects, please feel free to contact Justin Hodge (jhodge@jmehlaw.com).

Coauthored by Justin Hodge and Ayla Syed.

Why is this man smiling again? Perot family lands a sweetheart deal from TxDOT

15 Tuesday Apr 2014

Posted by in texas condemnation, texas eminent domain, TxDOT

≈ Leave a comment

Tags

, , , , , , , ,

 

Texas Department of Transportation (“TxDOT”) officials said right-of-way acquisitions for its Loop 9 Southeast project in Dallas would not begin for another year, but one prominent developing company sold its property for a handsome cost to TxDOT while others in its position have been left in limbo.

Bill Mote, a landowner in the area who has not yet received an offer for his property, reported to the Dallas Morning News that he has not been able to build on his land or sell it for eight years now because of TxDOT’s interest in the area. The landowner, also a commercial real estate owner, found a state land sale document for a deal in 2010 between TxDOT and Ross Perot Jr.’s firm, Hillwood Development Company.

Hillwood received $4.4 million for 34 acres of land in the sale that took place five years before TxDOT stated it would begin right-of-way purchases. This discrepancy raised a few eyebrows among landowners like Mote, especially considering the development firm’s long-term relationship with TxDOT and that this was the only such sale for this project.

This sale was also unique in that it is one of the few open options contracts offered by TxDOT that guarantees the landowner half of the agreed price regardless of whether the project moves forward. The other half will be paid later if the landowner agrees to stop development, the Dallas Morning News reported on Feb. 16th.

TxDOT and Hillwood officials both stated that the land owned by the firm was in a known key area for the highway expansion project and that stopping development by Perot Jr.’s company helped save TxDOT money from having to purchase the land from future homeowners in the subdivision. While this deal may seem to make sense, it still offers Hillwood an unfair advantage not extended to others in the area.

Mote and other landowners like him who may not have the luxury of a cordial and long-term relationship with TxDOT deserve the same treatment as Hillwood, and this situation, brought to light by Watchdog, shows the depth of discretion allowed by eminent-domain laws in Texas. Landowners must protect their rights in condemnation, but TxDOT also has the responsibility of treating each property owner with the respect it gives to high-profile landowners.

Coauthored by Justin Hodge and Ayla Syed.