• 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

Tag Archives: actual progress

Is ‘Actual Progress’ Being Made?

14 Saturday Feb 2015

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

≈ 1 Comment

Tags

actual progress, Attorneys, Austin, Austin condemnation, Austin eminent domain lawyer, Blog, common law, Condemnation, Condemnation claims, Congress, Eminent Domain, schwertner, senate, texas eminent domain

I believe governments should only use their eminent domain authority as a last resort, but the truth is, it’s a power rampant with abuse and misuse…Texas has a storied history of defending private property rights, and this legislation will preserve that proud tradition by holding government more accountable.” – Senator Charles Schwertner

Eminent domain laws in Texas may receive a slight tweak if recently-filed Senate Bill 479 passes into legislation. Senator Charles Schwertner, R – Georgetown, authored the bill that could more narrowly define “actual progress,” a broad phrase that currently requires those who invoke the power of eminent domain to make “actual progress” toward the intended use of the condemned land within 10 years.

After the 10-year period, the landowner can repurchase the land at the original price paid by the condemning entity. This may prove more difficult than necessary for the landowner as the law currently does not clearly define “actual progress,” and Schwertner hopes his bill will help remedy that ambiguity in an effort to better protect landowners in eminent domain cases.

“I believe governments should only use their eminent domain authority as a last resort, but the truth is, it’s a power rampant with abuse and misuse,” Schwertner said in an announcement of SB 479, according to the Austin Business Journal. “Texas has a storied history of defending private property rights, and this legislation will preserve that proud tradition by holding government more accountable.”

The proposed amendment to 21.101 of the Texas Property Code would define actual progress as including three of the following:

  1. The “performance of [a] significant” amount of labor on the property or other properties related to the development of the intended project;
  2. The purchase or obtainment of a “significant” amount of material for the property or other properties required for the public use project;
  3. The hiring of and/or “significant” work by an architect, engineer, or surveyor for the purpose of developing the property or other properties for the public use project;
  4. Application of state and/or federal funds for the project for which the property was purchased; or
  5. Application of a state and/or federal permit to develop the property or other properties related to the public use project.

(Read the proposed bill here). If you have any questions about SB 479 and its potential impact on eminent domain cases in Texas, please feel free to contact Justin Hodge at jhodge@jmehlaw.com

Coauthored by Justin Hodge and Ayla Syed.

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: