Tag Archives: Attorneys

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

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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

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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.

Texas Man Attempts to Take a Personal Stand Against Keystone XL Pipeline

28 Friday Dec 2012

Posted by in Pipelines, Property Rights

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Energy experts like Amy Jaffe from UC Davis see oil and its consumption as a lifestyle that we have adopted. In order to maintain this lifestyle, energy infrastructure is vital for the public good. Landowners facing an eminent domain battle with TransCanada and its Keystone XL pipeline don’t exactly agree, especially when the infrastructure costs them their homes. David Daniel owns a 20-acre plot outside of Winnesboro, Texas whose defense has taken extraordinary heights. Eight stories high, in the trees that surround the condemned land, is Daniel’s platform for a last stand. As a carpenter, Daniel did what he knew best. His “airborne fortress” is a series of seven treehouses connected by cables and ropes spanning 500 feet. TransCanada’s daily aerial surveys caught Daniel in action and sued him, eventually forcing a settlement in favor of the company.

Although Daniel’s action was in some ways like Custard’s Last Stand, Texas property owners are not without some remedy to stop pipelines made solely for private use. The Texas Supreme Court has allowed landowners a “Denbury” challenge, which, if successful, could potentially shut down an entire pipeline. Or, at the very least, allow landowners like Daniel to test the pipeline’s right to be on their property. Texas eminent domain law is unique and it is very important for landowners to consult with attorneys who focus in this area.

To read more about Daniel’s fight, please click here..

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