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Tag Archives: Eminent Domain

TxDOT I-45 Project is Allowed to Proceed

03 Friday Dec 2021

Posted by texascondemnation in Uncategorized

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Condemnation, Eminent Domain, highway widening, I-69, IH-45, North Houston Highway Improvement Project, State Highway 288, Texas Condemnation, texas eminent domain, TxDOT, TxDOT Houston

Despite months of delay, the Federal Highway Administration announced that TxDOT is allowed to proceed with portions of the I-45 project on North Houston Highway Improvement Project, which would widen I-45 from downtown Houston, Texas north to Beltway 8. The project is estimated to cost over $10 billion. TxDOT’s I-45 project will impact private property along I-69, State Highway 288, and IH-45 in Houston, Texas.

TxDOT IH-45 Project

You can learn more about the project here:

https://www.txdot.gov/inside-txdot/division/debt/strategic-projects/alternative-delivery/nhhip-seg3.html

https://www.houstontx.gov/planning/nhhip/

There are still many concerns that will need to address the impacts and displacements in Houston’s Third Ward. According to a November 29, 2021 letter from the Federal Highway Administration, TxDOT is allowed to acquire property through market negotiations, but at this time cannot rely on its eminent-domain power. Regardless, TxDOT should fairly compensate all the landowners along the project and not make lowball offers. This would allow the I-45 Project to proceed and reduce the harm to individual landowners. Landowners along the route should consider consulting with eminent-domain lawyers to make sure TxDOT pays just compensation, including damages to remaining property.

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DART “Silver Line” May Damage Businesses in Dallas – Fox News 4 Features Justin Hodge

28 Saturday Sep 2019

Posted by texascondemnation in Uncategorized

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Dallas Area Rapid Transit, DART, Eminent Domain, Fox News 4 Dallas, Justin Hodge, State v. Schmidt, Texas Condemnation, texas eminent domain

Dallas Fox 4 discusses the impact of the DART “Silver Line” on business owners and interviews Marrs Ellis & Hodge, LLP partner, Justin Hodge, regarding property right reform.

https://www.fox4news.com/news/business-owner-worries-dart-silver-line-construction-will-hurt-bottom-line

Dallas Area Rapid Transit (DART) is planning a new line from DFW terminal to UT Dallas in Plano. As part of that construction, many landowners will be impacted, including businesses that have been operating for decades. Although many of those businesses will be severely damaged by the project, Texas eminent-domain law may not allow recovery under the Texas Supreme Court’s Schmidt “community damages” ruling. This is a “horrific standard” says Justin Hodge, that should be changed to better protect Texas landowners when their property is taken, damaged, or destroyed.

To learn more about this project, you can visit DART’s project page below.

https://www.dart.org/about/expansion/cottonbelt_deis.asp

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Oil Pipeline Ruptures – Landowners Evacuate

21 Friday Jul 2017

Posted by texascondemnation in Pipelines, Property Rights, texas condemnation, texas condemnation lawyer, texas eminent domain, Texas Eminent Domain Attorney, Texas Eminent Domain Lawyer, Texas Railroad Commission, Uncategorized

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Bastrop County, Condemnation, Crane, Crude Oil, Diesel, Eminent Domain, Evacuation, Houston, Longhorn, Magellan, oil and gas, pipeline, Rupture, Spill, Takings

The Longhorn pipeline, a crude oil pipeline operated by Magellan Midstream Partners (“Magellan”), ruptured approximately 4 miles southwest of Bastrop, Texas on July 13, 2017. The pipeline transports crude oil from Crane, Texas to Houston, Texas, a distance of roughly 500 miles. A contractor was performing maintenance on the pipeline, which was operating when it ruptured. As a result, an estimated 1,200 barrels (50,400 gallons) of crude oil spilled into the surrounding area.

Residents within a 1-mile radius of the rupture were asked to evacuate while residents within a 2-mile radius were given the option to either evacuate or take shelter in their homes. FM 520, the nearby thoroughfare, was shut down in both directions.

When it ruptured, the Longhorn pipeline was running at or near its full capacity. The Longhorn pipeline is a large capacity pipeline capable of transporting upwards of 200,000 barrels of crude oil per day. A prolonged shutdown could potentially mean that suppliers would have to look elsewhere to get their crude oil transported to the Gulf Coast.

This is not the first spill involving a Magellan operated pipeline. In January, a pipeline transporting diesel fuel spilled roughly 45,000 gallons of diesel in Northern Iowa.

A significant portion of property takings in Texas are the result of oil and gas pipeline projects. Incidents such as this serve as a reminder that even after condemnation proceedings have concluded, pipelines can still carry risks and create health and safety concerns. Due to the hazardous nature of the products pipelines transport, the potential for accidents poses an enduring threat to crops, livestock, water supplies, and property values. Landowners would do well to keep these considerations in mind when approached by oil and gas companies seeking to obtain an easement across their land.

Written by Graham Taylor

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Liberty County to be Epicenter of Grand Parkway Construction in 2018

14 Friday Jul 2017

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

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Eminent Domain, Grand Parkway, Highways, infrastructure, Liberty County, project, Traffic, Transportation, TxDOT

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

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Legislature Bails Out Railroad Commission- Helps Landowners

07 Friday Jul 2017

Posted by texascondemnation in Pipelines, texas condemnation, texas eminent domain, Texas Eminent Domain Attorney, Texas Eminent Domain Lawyer, Texas Railroad Commission, Uncategorized

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budget increase, Condemnation, Constitution, Eminent Domain, landowner rights, pipeline, pipeline data, Pipelines, power of eminent domain, Texas Constitution, Texas Legislature, Texas Railroad Commission, TRC, United States Constitution

The Texas Railroad Commission (“TRC”), an agency that has suffered financial difficulties due to budget cuts and reduced revenues, recently received a budget increase of 46 percent ($79.6 million) in the recently ended legislative session. These budgetary increases will hopefully allow the TRC to improve upon their ability to be an effective resource for landowners and make pipeline data readily available to the everyday Texan. Pipeline construction often requires pipeline companies to use the power of eminent domain to condemn property, commonly referred to as a “taking.” Public access to information collected by the TRC is vital to keeping landowners aware of activities that could affect their property.

The budget increase follows a year that saw monthly budget cuts of over a million dollars, a hiring freeze, and the postponing of desperately needed technological updates. In light of these financial difficulties, the TRC was forced to limit their operations to two core functions, the permitting and inspection of wells. Another one of the TRC’s functions is the issuance of T-4 permits which grants pipeline constructors the common carrier status required to exercise the power of eminent domain. A vital component of fulfilling this function is to maintain a public database of pipeline easements in the State of Texas.

The increased funding is intended, in part, to improve programs for well plugging, oil field clean up, and pipeline safety by financing the hiring of additional staff. The TRC’s staff is capped at 827 employees. Presently, the TRC is roughly 150 employees short of that maximum number. Additionally, the TRC was granted one-time authorization to retain nearly $40 million in revenue collected through its administration of the Natural Gas Utility Pipeline Tax. Roughly $27.6 million of that money will also be used to hire additional employees. The remainder will be used to provide salary increases.

An additional purpose of the budget increase is to continue, and hopefully expedite, the drawn-out process of updating the TRC’s computers and digitizing decades of oil and gas records which include pipelines constructed with and without the power of eminent-domain in the State.

In addition to updating its computer systems and digitizing historical records, the TRC provides an interactive map, accessible to the public, that tracks existing and operational pipelines throughout the State. The data represented by the interactive map may not always be current. This ambiguity diminishes the capacity of Texans to appreciate the scope of pipeline activity and its effect on their lives and property. One day, perhaps, the TRC will expand the functionality of its interactive map to include planned pipelines. This would allow landowners to determine whether a project under development will impact their property.

Landowners, under both the U.S. and Texas Constitutions, are entitled to just compensation when their land is taken. These database improvements can help begin to level the playing field between landowners and powerful oil and gas interests by keeping landowners current on projects that could impact their property rights.

– Co-Authored by Graham Taylor and Justin Hodge

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Luke Ellis interviewed on Fox News: Border wall faces legal battles over eminent domain in Texas

12 Wednesday Apr 2017

Posted by texascondemnation in Border Fence, Border Wall, Landowner Rights, Politics, Property Rights, texas condemnation, texas condemnation lawyer, Texas Eminent Domain Attorney, Texas Eminent Domain Lawyer

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Border Fence, Border Wall, Condemnation, Eminent Domain

IMG_1623

The story can be viewed on our website.

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Houston Receives $1.32 Billion Infusion of Highway Funding

07 Friday Apr 2017

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Condemnation, Congestion Relief, Eminent Domain, Houston, I-45, I-69, Interstate 45, land acquisition, Landowner, League City, Spur 527, state funding, Texas Transportation Commission, traffic relief, U.S. 59

Houston will receive $1.32 billion of the $9 billion spending plan passed by the Texas Transportation Commission for congestion relief. The Houston allocation, which is directed towards improving Interstate 45 and other highways, is among the largest distributions for a total of 230 statewide projects supported by this funding. The allotment will help reconstruct sections of I-45, and realign it with Interstate 69 (U.S. 59) through various individual projects.

The earliest of the scheduled developments will reconstruct I-69 between I-45 and Spur 527 before rebuilding I-45 at its I-69 interchange. This will be followed by a widening of I-45 in League City to four lanes in each direction. Finally, reconstruction work is scheduled for selected I-69/Loop 610 connections, near the Galleria area.

Congestion relief projects frequently involve expansion of one kind or another, as the principle method of relieving traffic is to increase the carrying capacity of targeted roadways. The completion of such projects may therefore require the acquisition of privately owned lands, which can in turn lead to eminent domain use for the condemnation of property.

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U.S. Infrastructure Receives Near-Failing Grade

24 Friday Mar 2017

Posted by texascondemnation in Uncategorized

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American Society of Civil Engineers, ASCE, bridge safety, Condemnation, dam, dam failure, drinking water, Eminent Domain, funding, infrastructure, Oroville Dam, transit

In its most recent assessment, the American Society of Civil Engineers (ASCE) gave infrastructure in the United States a D+ grade overall. The grade is unchanged from the ASCE’s last assessment in 2013, which indicates that any improvement has been minimal. An average of total U.S. infrastructure, the report also included breakdowns of each of the sixteen individual categories. Seven areas showed improvement and three declined.

The lowest grade, a D-, was for transit, a decline from a D four years ago. Unsurprisingly, the current rebuilding schedule for rail and bus systems is roughly $90 billion behind. The drinking water system was also given a D grade, the same as the 2013. Much of the pipes were laid in the beginning or middle of the last century and are coming to the end of their lifespans. Each year, water main leaks cause over two trillion gallons of fresh water to be wasted.

Dams also received a D grade. The most famous recent case of dam failure was the Oroville Dam in California, the breaking of which displaced 200,000 people. But the 49-year-old dam was just one of many at a high risk for failure. The ASCE report noted that “The average age of the 90,580 dams in the country is 56 years,” and that “the number of deficient high-hazard potential dams has also climbed to an estimated 2,170 or more.”

Funding shortages appear to be the root of the problem. The ASCE estimates that the U.S. needs to invest $4.59 trillion by 2025 to bring its infrastructure to an acceptable B- grade. Current funding plans would fall short of this amount by about $2 trillion. The highest grade in the report was a B for rail, an improvement from the C+ given in 2013. The report attributed asserts that significant spending was a large factor, with $27.1 billion spent on rails in 2015 alone.

The report comes at a time when political momentum for infrastructure investment may be building. In an address to Congress, the President indicated the desire to pass legislation to increase infrastructure spending by $1 trillion. He has also discussed a tax credit to incentivize private sector investment. Though much needed, such infrastructure improvements could very well bring applications of eminent domain. Given the comprehensiveness of the need, it’s possible that use of the power could be equally wide ranging.

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$1 Billion TxDOT Funding to Bring I-45 Construction

17 Friday Mar 2017

Posted by texascondemnation in Uncategorized

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Congestion, Eminent Domain, Expansion, Houston, I-45, I-69, interchange, Loop 610, Pacific Railroad, Relief, Spur 527, Texas 288, Traffic, TxDOT

Approximately $1 billion of a Texas congestion relief package fund will be dedicated to addressing issues in the Houston area. Recently approved by the Texas Department of Transportation (TxDOT), the funding will be distributed across three projects that target high traffic zones. Over half of the funding will be used for the reconstruction of Interstate 45 at the interchange where it crosses Interstate 69. The project will also rebuild the main lanes of both freeways. Another project receiving funding will rebuild the ramps and freeways of Interstate 69 from Spur 527 to Interstate 45, and through its interchange with Texas 288. The remainder of the funds will support a project that rebuilds the main lanes and frontage roads of Loop 610, and creates a bridge for the Cambridge, Almeda, and Union Pacific Railroad tracks. Such projects often require property outside the existing right-of-way, a need which may lead to the use of eminent domain.

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High Speed Rail Number Two

02 Friday Sep 2016

Posted by texascondemnation in High-Speed Rail, Texas Department of Transportation

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850 mile route, bullet train, commute, Dallas to Houston, Eminent Domain, Federal Railroad Administration, FRA, High-Speed Rail, Interstate 35, Oklahoma City, private property, Rio Grande Valley, Texas Central Partners, Texas Department of Transportation, Traffic, TxDOT

The Texas Department of Transportation (TxDOT) announced that it is considering the development of a high-speed rail line. The rail line would be the second such project proposed recently, the other being the frequently discussed Dallas to Houston high-speed rail under development by Texas Central Partners, a private firm. The TxDOT train would travel over an 850 mile route, connecting Oklahoma City and the Rio Grande Valley. Though the exact placement of each station has yet to be fully determined, TxDOT has already released a preliminary map with several proposed points. The project would run along Interstate 35, and would assist TxDOT’s ongoing objective to reduce traffic.

“I travel back between Austin and San Antonio a lot, and sometimes it takes three hours and sometimes it takes five hours depending on the traffic,” said Mark Werner, the rail planning director at TxDOT. “It’s just reliability and to provide people another option to travel.”

So far, TxDOT has yet to propose solutions to address the cost and timeline components of such an undertaking. TxDOT is still investigating the feasibility of the project, and is expected to present its findings to the Federal Railroad Administration by the end of the year. If this project receives the green light, it is likely the state would use its powers of eminent domain to acquire private property along the route.

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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.

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