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Tag Archives: Good Faith

Land Battles Rise as U.S. Eyes 450,000 Miles of New Pipe

04 Monday Feb 2013

Posted by texascondemnation in Pipelines, Property Rights

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Bloomberg, Condemnation, Eminent Domain, Good Faith, just compensation, Kelo, Landowners, Pipelines, property rights, Texas

“It’s increased at a level I’ve never seen in the past 10 years.”

To read the full article, please visit Bloomberg.com

As the United States endeavors to leverage its economic and energy independence, a rising tide of private companies advocating for miles of pipeline to the moon and halfway back leave many landowners between a rock and a hard place. Since the famous 2005 Kelo decision where eminent domain rights were granted to a private corporation for private gain, Texas courts have taken small efforts in increasing the volume of the landowner’s voice. With about 95% of eminent domain cases settling outside of court and every state exemplifying its own set of guidelines to regulate and standardize these proceedings, landowners are finding new ways to challenge the existing modus operandi. In Texas, this has led to the 2011 requirement that condemners provide a “good faith offer” to landowners along with full appraisal reports indicating the derivation of the offer. Additionally, a greater emphasis has been placed on respecting the landowner. Still, there is a lot of work to be done to ensure just compensation.

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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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