• 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: Uncategorized

Breaking Up Is Hard To Do: Tex App Says Target’s Slice Of A Shopping Center Taking Can’t Be Severed From The Rest

08 Thursday Oct 2026

Posted by texascondemnation in Uncategorized

≈ Leave a comment

Usually, when “unity of use” comes up in an eminent domain case, the property owner is the one arguing that everything hangs together, and the condemnor is the one saying the pieces are separate. Unity means a bigger larger parcel, and a bigger larger parcel can mean damages to the remainder.

In this one, the parties swapped jerseys.

In In re State of Texas, No. 03-26-00496-CV (Sep. 11, 2026), the Texas Court of Appeals (Austin) held that the trial court clearly abused its discretion when it severed the condemnation claim against one tenant’s portion of a shopping center into its own lawsuit. The owner and the tenant argued for separation, and the State argued for unity. The State won:

Because the severed claim is so interwoven with the remaining action that the actions involve the same facts and issues, we will conditionally grant the writ.

Op. at 1.

For TxDOT’s I-35 improvement project, the State sought a 1.069-acre strip of the Capital Plaza Shopping Center in Austin. The center sits on a 37.282-acre tract owned by Capital/Highway 35. The State’s appraiser divided the center into five “economic units”: Target, a Chase Bank building, Mattress Firm, McDonald’s, and Walgreens. The strip being taken includes a piece of each. The appraiser put compensation at $9,362,933. The special commissioners awarded $13,729,238 and, in a handwritten interlineation, showed how they apportioned that figure among the five units. Target was the only defendant who objected, and the State objected too. Op. at 1. The court noted that “[b]ecause the state objected, the award is not final as to any parties[.]” Op. at 2 n.2.

The landlord and Target moved to sever the Target unit into its own case (the landlord also withdrew the $10,670,761 apportioned to the four non-Target units). Target’s pitch was that severance “is the only way for Capital Highway and the other tenants to achieve a final resolution of their interests now, without waiting for potentially years of litigation about Target’s compensation.” Op. at 2. The trial court severed, and the State sought mandamus.

The court of appeals started with unity of use:

We do not agree that Capital/Highway 35’s leasing of space to different establishments, some of which are housed in separate buildings, resulted in the shopping center lacking unity of use.

Op. at 2. The proof was in the leases, which included covenants restricting competition within the center. McDonald’s got exclusivity as the drive-in restaurant, Walgreens got the only drug store, and a Taco Bell on the Target unit was protected from other fast-food restaurants “serving primarily and principally Mexican food.” Op. at 3. (Who knew a chalupa clause could decide an eminent domain mandamus?) The court concluded that “[t]he Target agreement itself reflects that Target and Capital/Highway 35 consider the property’s use to be as a unified shopping center.” Id.

The appraiser’s economic units, the court held, were a valuation tool, not separate takings:

Nor do we agree that an appraiser’s method of valuing a property based on separate economic units within a commonly owned tract, without more, obligates the State to separately litigate a condemnation proceeding against each or any particular unit, especially where the appraiser responsible for identifying the economic units used them to opine as to the value of the property as a whole.

Op. at 3. The commissioners’ allocation didn’t change that, because they awarded the whole $13,729,238 “collectively to” all defendants. Id.

What really sank the severance was practical. All of the tenants share interests in the center’s easements and common elements, including lighting and parking, and the taking affects those as a whole:

Thus, the other tenants will not “achieve a final resolution of their interests now” based on the severance. The severed action involves the same parties, facts, and issues as the unsevered proceeding.

Op. at 3. On whether an appeal would be an adequate remedy, the court looked at where the owners’ theory would lead:

But this argument would render any portion of a tract subject to partial condemnation subject to severance based on a single appraiser’s definition of separate economic units, while forcing the State to argue facts and issues relating to the whole tract.

Op. at 3. Piecemeal proceedings against the same parties would waste resources, and “the State has a right to define the property being taken.” Op. at 4 (quoting In re State, 355 S.W.3d 611, 617 (Tex. 2011)).

This seems right to us. It’s one owner, one tract, one taking, and the tenants all share the same parking. Turning an appraiser’s lines on a map into separate lawsuits would let a valuation method decide the shape of the case. We also like seeing the commissioners’ award treated as what it is: a lump sum paid to everyone with an interest.

But there’s almost always a “but.” Owners should keep an eye on what comes next. The State has persuaded a court that this center is a unified whole: common parking, common lighting, and covenants tying the tenants together. Those are the kinds of facts owners use to argue for a larger parcel and damages to the remainder.

The court was careful. It noted that “[p]arties usually dispute unity of use when a defendant in a condemnation proceeding is asserting damages to the remainder of property it owns which is not taken.” It noted that no one had raised remainder damages here, and said it addressed unity of use “only insofar as it relates to the question of interrelatedness of the severed portion of the proceeding and the remaining action.” Op. at 2 n.3. So this is not a larger-parcel holding. Still, if the State later wants to carve the center back into economic units in front of the jury, the owners will have this opinion close at hand. A condemnor that has the right to define what it is taking, and defines it as one thing, may find it hard to argue later that it was really five.

Last, the landlord didn’t have to wait for most of its money. It pulled the $10.67 million allocated to the other units while the fight over Target’s share goes on. The deposit worked, even if the severance didn’t.

In re State of Texas, No. 03-26-00496-CV, 2026 WL 2671727 (Tex. App.—Austin Sep. 11, 2026) (mem. op.) (orig. proceeding)

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…

The Dinosaur-to-Longshore 765 kV Project Is Coming, and Texas Landowners Could Pay the Price

04 Friday Sep 2026

Posted by texascondemnation in Uncategorized

≈ Leave a comment

The Public Utility Commission of Texas recently approved Oncor’s proposed Dinosaur Switch to Longshore 765 kV Transmission Line. The proposed lines are part of the Permian Basin Reliability Plan, spanning 242.6 miles across West and Central Texas1. However, the primary destination for this electricity is not Texas residents.

These powerlines do not distribute power directly to homes or local businesses along the path. Instead, they will be used to fuel oil and gas operations, and data centers. In order to do so, the Dinosaur Switch to Longshore 765 kV Transmission Line could cross your property and restrict your rights. It could also disrupt agricultural operations, limit future development opportunities, and decrease your property value.

 

Photo by American Electric Power

With construction set to begin by summer 2027, thousands of acres of private property will be in Oncor’s path. If you are a landowner who may be affected by the Dinosaur Switch to Longshore 765 kV Transmission Line, call us today to speak to an experienced eminent domain attorney.

Marrs, Ellis & Hodge LLP represents Texas landowners in eminent domain and condemnation matters. We help you evaluate transmission easements, identify remainder damages, and pursue the compensation you deserve. Call (512) 215-4078 today for a free consultation.

  1. Public Utility Commission of Texas. “Permian Basin Reliability Plan.” Accessed September 2, 2026. https://www.puc.texas.gov/industry/electric/business/permian-basin/. ↩︎

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…

The Howard-Solstice Transmission Line: What You Should Know

30 Thursday Jul 2026

Posted by texascondemnation in Uncategorized

≈ Leave a comment

Tags

Attorneys, Austin eminent domain lawyer, Condemnation, electric transmission line, Eminent Domain, howard solstice, property rights, Texas, texas eminent domain

A transmission line can cost you far more than the land covered by the easement. If your property is affected by the proposed Howard-Solstice Transmission Line, you could face reduced property value, limits on future development, and damages that may not be reflected in the utility company’s initial offer.

The Howard-Solstice Transmission Line is a proposed 765-kilovolt project that would connect substations near San Antonio and Fort Stockton, crossing 14 counties in South and West Texas. High-voltage electric transmission lines like Howard-Solstice can significantly reduce property values, diminish scenic views and rural character, and disrupt the way of life that you worked hard to build.

765kV transmission line running through southwest Virginia via Google Maps

This project is now moving quickly. The Public Utility Commission of Texas will soon issue a final route decision. With your property value at stake, now is the time to reach out to an eminent domain attorney.

For decades, Marrs, Ellis & Hodge LLP has represented Texas landowners in eminent domain and condemnation matters. If your property may be affected by the Howard-Solstice Transmission Line, our experienced eminent domain attorneys can help you understand your rights and protect your property. Call (512) 215-4078 for a free consultation today.

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…

Justin Hodge, Kyle Baum, and Hannah Sliva Speak at No East Loop BBQ Social in Bryan, Texas

15 Tuesday Apr 2025

Posted by texascondemnation in Uncategorized

≈ Leave a comment

Last week, Justin Hodge, Kyle Baum, and Hannah Sliva had the privilege of speaking at the April No East Loop BBQ Social in Bryan, TX. The event brought together a full room of landowners and community members to discuss the proposed East Loop project—a 20-mile roadway that could significantly impact properties across Brazos County.

Engaging directly with landowners was the highlight of the evening! We heard firsthand the concerns, questions, and perspectives of those who stand to be affected by this development. Our discussion covered the legal processes involved, the rights landowners have in the face of potential condemnation, and the steps they can take to stay informed and prepared.

Thank you to Brazos Roofs & Ranches for hosting an educational gathering. The strong turnout and active participation underscored the community’s commitment to understanding and asserting their rights.

If your property is impacted by the East Loop project or similar developments, it’s essential to know your rights and options. Please don’t hesitate to reach out to us for guidance and support.

EminentDomain #TexasLandowners #NELProject #PropertyRights #CommunityEngagement #BrazosValley #MarrsEllisHodge

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…

Justin Hodge Interviewed Regarding the Trident Intrastate Pipeline Project on Houston Matters

10 Monday Feb 2025

Posted by texascondemnation in Uncategorized

≈ Leave a comment

Justin Hodge, Marrs Ellis & Hodge LLP partner, was interviewed on Houston Matters with Craig Cohen regarding the upcoming Kinder Morgan Trident Pipeline project crossing the State of Texas. You can listen to it here: https://www.houstonpublicmedia.org/articles/shows/houston-matters/2025/02/06/512730/city-budget-crisis-feb-6-2025/

About the Trident Intrastate Pipeline
The Trident Pipeline project was announced by Kinder Morgan on January 22, 2025. The project will span approximately 216-miles in length. Thousands of acres of property will be impacted across nine counties, with the pipeline route originating near Katy, Texas before extending to the LNG and industrial corridor near Port Arthur, Texas. Upon completion, the pipeline will have the capacity to transport approximately 1.5 billion cubic feet per day (Bcf/d) of natural gas. The Trident Pipeline is expected to be operational by the first quarter of 2027.

The Trident Pipeline is being used to meet the growing demand of energy needed to power LNG exports, artificial intelligence data centers, and cryptocurrency mining. However, Mr. Hodge explains, on Houston Matters with Craig Cohen, that there is “a tension [between meeting energy demands] and people who own private property in Texas such as farmers, ranchers, and other types of commercial properties due to the lines going through their properties and potentially impacting the use of their land.” The massive project will impact property owners in the following counties: Grimes, Hardin, Harris, Jefferson, Liberty, Montgomery, San Jacinto, Walker, and Waller County.

Trident Pipeline Proposed Route

Mr. Hodge recommends speaking with an eminent-domain attorney as soon as you are contacted about the Trident Pipeline project, especially if you are offered less than fair market value for the taking of your property.  At Marrs Ellis & Hodge LLP, we represent property owners throughout the condemnation process.  Please contact us for a free consultation. 713-609-9503.

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…

Kyle Baum Interviewed by  CBS7 News Regarding the DeLa Express Pipeline, Raising Eminent Domain Concerns

09 Wednesday Oct 2024

Posted by texascondemnation in Uncategorized

≈ Leave a comment

Kyle Baum, Marrs Ellis & Hodge LLP partner, was interviewed on CBS7 news regarding the upcoming DeLa Express Pipeline project crossing the State of Texas.  You can watch the full interview here:

https://www.firstalert7.com/2024/09/26/dela-express-pipeline-become-longest-texas-raising-eminent-domain-concerns

Mr. Baum warned “Any documents that landowners are asked to sign were likely drafted by the pipeline company’s lawyers, so they may not be in the owner’s best interest.  That’s where an attorney can help evaluate.”  He noted that “Property owners will have one opportunity to receive compensation for both the land taken and any changes that affect their property.”  Even though landowners generally cannot stop a pipeline project, they are constitutionally entitled to just compensation for the part of their property taken and any reduction in value to their remaining property.

About the DeLa Express Pipeline

The DeLa Express Pipeline project, an approximately 700 mile long natural gas pipeline by Moss Lake Partners, LP, will run from west Texas into Louisiana, making it the longest natural gas pipeline in the state of Texas once built.  Thousands of acres of property will be impacted in  30 counties, stretching from Reeves County (west of Odessa) to Orange County (east of Beaumont).  If you are a landowner being contacted by Moss Lake Partners, LP, DeLa Express, LLC, or a right-of-way company about the DeLa Express Pipeline project, you need to speak with an attorney about your constitutional rights.  It is important not to approve or sign any documentation presented to you without consulting an attorney first.  This way, your rights can be fully protected.  

On April 15, 2024, the Federal Energy Regulatory Commission began the review process for the DeLa Express Pipeline project, which will enable the taking of private property by the power of eminent domain.  This massive project will impact property owners in the following counties:

  • Reeves
  • Loving
  • Winkler
  • Ector
  • Midland
  • Upton
  • Glasscock
  • Sterling
  • Coke
  • Runnels
  • Coleman
  • Brown
  • Mills
  • Hamilton
  • Coryell
  • McLennan
  • Bell
  • Falls
  • Milam
  • Robertson
  • Brazos 
  • Grimes
  • Walker
  • Montgomery
  • San Jacinto
  • Liberty
  • Hardin
  • Jefferson
  • Orange 
  • Calcasieu (LA) 

It is in your best interest to speak with an attorney as soon as you are contacted about the DeLa Express Pipeline project, especially if you are offered less than fair market value for the taking of your property.  At Marrs Ellis & Hodge LLP, we represent property owners throughout the condemnation process.  Please contact us for a free consultation.

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…

Justin Hodge Interviewed on Silberman Law Firm’s Weekly Docket Podcast re: Eminent Domain

07 Thursday Mar 2024

Posted by texascondemnation in Uncategorized

≈ Leave a comment

Marrs Ellis & Hodge LLP partner, Justin Hodge, was interviewed on Silberman Law Firm’s Weekly Docket Podcast. You can listen to it here:

https://weeklydocket.buzzsprout.com/2305495/14647881-fincen-s-new-rules-for-llc-s-trump-s-ballot-case-eminent-domain-franchise-tax-and-wendy-s-price-surge

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…

Jacob Merkord on Fox 7 Austin News Regarding Matterhorn Pipeline in Williamson County, Texas

03 Wednesday Aug 2022

Posted by texascondemnation in Uncategorized

≈ Leave a comment

Jacob Merkord, Marrs Ellis & Hodge LLP partner, was interviewed on Fox 7 Austin news regarding the upcoming Matterhorn Pipeline project in Williamson County, Texas. You can watch the full interview here:

https://www.fox7austin.com/news/williamson-county-property-owners-fight-proposed-natural-gas-pipeline

https://www.fox7austin.com/news/williamson-county-property-owners-fight-proposed-natural-gas-pipeline

Mr. Merkord said Marrs Ellis & Hodge LLP clients, “are asking for full market value for what the pipeline wants.” He explained, “A lot of our landowners are not against the pipeline, but what our landowners want to see is that they want to have substantial feedback in the process and be able to decide and work with the pipeline company on the route.” Families in Burnet and Washington Counties, according to Merkord, are also objecting to the route and to the offers that have been made.

About the Matterhorn Express Pipeline

The Matterhorn Express pipeline, a 410-mile pipeline run by Whitewater Midstream, that will connect Upton County (south of Midland) to Fort Bend and Waller Counties (west of Houston). The project will impact landowners in as many as 17 Texas counties. If you are a landowner who has been contacted by Whitewater Midstream or any other right-of-way company about the Matterhorn Express pipeline project, you need to speak with an eminent domain lawyer as soon as possible. Do not agree to or sign anything without speaking to an attorney. This is the only way to fully protect your rights as a landowner.

At Marrs Ellis & Hodge LLP, our attorneys have significant experience representing landowners facing eminent domain issues across the State of Texas.  We understand the law, compensation, damages, and what is necessary to secure the best possible outcome for property owners.  Call today and let us explain your legal options.

At the end of February 2022, WhiteWater Midstream submitted a T-4 permit to the Railroad Commission, requesting the right to take private land for their pipeline project.  The Matterhorn Express Pipeline will stretch 410.8 miles and will transport natural gas through the following 17 counties:

  • Austin County
  • Burnet County
  • Concho County
  • Fort Bend County
  • Glasscock County
  • Irion County
  • Lapasas County
  • Lee County
  • McCulloch County
  • Midland County
  • Reagan County
  • San Saba County
  • Tom Green County
  • Waller County
  • Washington County
  • Wharton County
  • Williamson County

The Eminent Domain Process

When a private for profit oil and gas company decides that it needs to take land for a pipeline project, they file for a T-4 permit with the Railroad Commission of Texas – Texas’ oil and gas regulatory body.  Once this happens, there is very little oversight or transparency in the process.   Once approved, however, landowners affected will typically receive a letter to request to survey and make an offer to purchase part or all of the property.  Such letters will often outline the need to purchase an easement for the pipeline project – in this case, the Matterhorn Express pipeline.  The letter may come from WhiteWater Midstream, Matterhorn Express Pipeline, LLC or another company acting on their behalf.

If the owner does not accept the offer, the owner may attempt to negotiate with the pipeline company for additional compensation, or the owner may reject the offer. If an agreement is not reached or the property owner rejects the offer, then the pipeline company may then file a condemnation lawsuit against the owner.  In such situations, courts appoint three landowners to serve as Special Commissioners. The Special Commissioners can consider evidence presented by both parties and issue an “award” of the property value based on the information.

If either party disagrees with the “award”, they may object to the decision. This sends the case to the trial court, where the case proceeds just as any civil lawsuit would.

It is in your best interests to speak with an attorney as soon as you receive a notice about the Matterhorn Express Pipeline, but particularly if you are offered an unfair amount for your property.  At Marrs Ellis & Hodge, LLP, we have represented landowners in every stage of the process, including in trial against pipeline companies.  Please contact us for a free consultation.

Pipeline Trial Representative Case

Peregrine Pipeline Company, L.P. v. Eagle Ford Land Partners, L.P., No. E200700046, In the County Court at Law No. 2, Johnson County, Texas (2014):

Luke Ellis and Justin Hodge represented a landowner in a jury trial over the disputed value of a pipeline easement. The Plaintiff pipeline company had offered $80,000. After a week-long trial, the jury returned a verdict of $1.66 million in the landowner’s favor, the exact amount testified to by the property owner’s appraiser. Peregrine appealed and the jury verdict. The parties reached a settlement while the case was pending on appeal that resulted in $616,943.47 net to the client.

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…

Luke Ellis Interviewed on KXAN-NBC News Austin Regarding Matterhorn Pipeline Project

13 Wednesday Jul 2022

Posted by texascondemnation in Uncategorized

≈ Leave a comment

Luke Ellis, Marrs Ellis & Hodge LLP partner, was interviewed on KXAN-NBC news in Austin regarding the upcoming Matterhorn pipeline project.

You can watch the full interview here: https://www.kxan.com/news/local/williamson-county/central-texas-landowners-lawyer-up-against-new-natural-gas-pipeline/

https://www.kxan.com/news/local/williamson-county/central-texas-landowners-lawyer-up-against-new-natural-gas-pipeline/

In the interview, Mr. Ellis warned about the impacts of the Matterhorn pipeline to Texas landowners. He explains that, the increased oil and gas production in West Texas is causing increase pipeline construction throughout the state of Texas. Unfortunately for Texas landowners, this means that more and more pipeline companies are filing claims to take their private land for these projects through a process called eminent domain.

About the Matterhorn Express Pipeline

The Matterhorn Express pipeline, a 410-mile pipeline run by Whitewater Midstream, that will connect Upton County (south of Midland) to Fort Bend and Waller Counties (west of Houston). The project will impact landowners in as many as 17 Texas counties. If you are a landowner who has been contacted by Whitewater Midstream or any other right-of-way company about the Matterhorn Express pipeline project, you need to speak with an eminent domain lawyer as soon as possible. Do not agree to or sign anything without speaking to an attorney. This is the only way to fully protect your rights as a landowner.

At Marrs Ellis & Hodge LLP, our attorneys have significant experience representing landowners facing eminent domain issues across the State of Texas.  We understand the law, compensation, damages, and what is necessary to secure the best possible outcome for property owners.  Call today and let us explain your legal options.

At the end of February 2022, WhiteWater Midstream submitted a T-4 permit to the Railroad Commission, requesting the right to take private land for their pipeline project.  The Matterhorn Express Pipeline will stretch 410.8 miles and will transport natural gas through the following 17 counties:

  • Austin County
  • Burnet County
  • Concho County
  • Fort Bend County
  • Glasscock County
  • Irion County
  • Lapasas County
  • Lee County
  • McCulloch County
  • Midland County
  • Reagan County
  • San Saba County
  • Tom Green County
  • Waller County
  • Washington County
  • Wharton County
  • Williamson County

The Eminent Domain Process

When a private for profit oil and gas company decides that it needs to take land for a pipeline project, they file for a T-4 permit with the Railroad Commission of Texas – Texas’ oil and gas regulatory body.  Once this happens, there is very little oversight or transparency in the process.   Once approved, however, landowners affected will typically receive a letter to request to survey and make an offer to purchase part or all of the property.  Such letters will often outline the need to purchase an easement for the pipeline project – in this case, the Matterhorn Express pipeline.  The letter may come from WhiteWater Midstream, Matterhorn Express Pipeline, LLC or another company acting on their behalf.

If the owner does not accept the offer, the owner may attempt to negotiate with the pipeline company for additional compensation, or the owner may reject the offer. If an agreement is not reached or the property owner rejects the offer, then the pipeline company may then file a condemnation lawsuit against the owner.  In such situations, courts appoint three landowners to serve as Special Commissioners. The Special Commissioners can consider evidence presented by both parties and issue an “award” of the property value based on the information.

If either party disagrees with the “award”, they may object to the decision. This sends the case to the trial court, where the case proceeds just as any civil lawsuit would.

It is in your best interests to speak with an attorney as soon as you receive a notice about the Matterhorn Express Pipeline, but particularly if you are offered an unfair amount for your property.  At Marrs Ellis & Hodge, LLP, we have represented landowners in every stage of the process, including in trial against pipeline companies.  Please contact us for a free consultation.

Pipeline Trial Representative Case

Peregrine Pipeline Company, L.P. v. Eagle Ford Land Partners, L.P., No. E200700046, In the County Court at Law No. 2, Johnson County, Texas (2014):

Luke Ellis and Justin Hodge represented a landowner in a jury trial over the disputed value of a pipeline easement. The Plaintiff pipeline company had offered $80,000. After a week-long trial, the jury returned a verdict of $1.66 million in the landowner’s favor, the exact amount testified to by the property owner’s appraiser. Peregrine appealed and the jury verdict. The parties reached a settlement while the case was pending on appeal that resulted in $616,943.47 net to the client.

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…

Watch Justin Hodge on Fox26 News – Texas Supreme Court Approves Eminent Domain for High Speed Train Between Houston and Dallas

30 Thursday Jun 2022

Posted by texascondemnation in Uncategorized

≈ Leave a comment

Justin Hodge was interviewed on Fox26 news about the Texas Supreme Court’s recent approval of eminent domain for the high speed train between Houston and Dallas, Texas. You can watch the interview here:

https://www.fox26houston.com/video/1087229

https://www.fox26houston.com/video/1087229

The eminent domain project impacts landowners in Harris, Waller, Grimes, Walker, Madison, Leon, Freestone, Limestone, Navarro, Ellis, and Dallas Counties. Texas Central may file condemnation against many landowners in these counties.

To read the Texas Supreme Court’s opinion in Miles vs. Texas Central Railroad & Infrastructure, Inc. and Texas Logistics, Inc., please follow this link: https://www.txcourts.gov/media/1454463/200393.pdf.

Justin Young’s concurring opinion, referenced by Mr. Hodge in the interview can be found here: https://www.txcourts.gov/media/1454465/200393c2.pdf

Justice Young explained, “Eminent-domain power has repeatedly been called one of the most “awesome” powers of government.  “Scary” is another fitting term. The very words eminent domain and condemnation sound foreboding, and they should. They represent the sovereign’s power to unilaterally strip individuals of property rights—rights that may have been gained at great cost. Condemnation is an extraordinary intrusion that often destroys homes, scars farmland that generations have cultivated, disrupts thriving businesses, and far more. It is an act of force by the government that uneasily coexists with the strong protection of individual property rights that Texas law guarantees. We have described “the fundamental right of property” as being “among the most important [rights] in Texas law.” 

On occasion, to serve a public purpose, a citizen’s private property must be taken without his consent. We tolerate such intrusions because society cannot function without roads, schools, military facilities, and other vital infrastructure. Eminent domain also requires “just” or “adequate” compensation, to be sure. U.S. Const. amend. V; Tex. Const. art. I, § 17(a). But the condemnation process is complicated, time- consuming, and sometimes confusing. And no compensation can accurately value the sweat, tears, pride, love, beauty, and history that, for some property at least, is its chief value. A given exercise of eminent domain may turn out to be all for nothing, too. Grand plans can fail. Property may therefore be permanently damaged without purpose . . .

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…
← Older 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