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Tag Archives: Houston

Houston Chronicle Reaches Out To Johns Marrs Ellis & Hodge LLP on Inverse Condemnation Claims

06 Wednesday Sep 2017

Posted by texascondemnation in Uncategorized

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Army Corp of Engineers, Constitution, Fifth Amendment, Flooding, Houston, Hurricane Harvey, taking

 

 

Government faces suit over Addicks and Barker dam releases

Class action lawsuit in Washington, D.C. says Army Corps of Engineers flooded after Harvey passed

By Gabrielle Banks

A ‘taking’ claim

“Justin Hodge, a [lawyer who focuses] in eminent domain at Johns Marrs Ellis & Hodge LLP, said such cases boil down to knowledge and intent — whether the government know[s] what it was doing and intended to cause flooding that essentially amounted to “taking” of people’s properties.

“The government can’t accidentally take your property,” Hodge said. “If they accidentally opened the lever to the dam or the gates, that would not be a taking — that would be negligence.”

“But if the government intentionally floods someone’s property there would be real merit,” he said.

“Individuals can’t sue the government for an accident. But if the flooding was intentional and knowing, a person can file a claim. He said historically class actions have occurred in condemnation lawsuits but they’re very difficult to pull off.”

“A lot of folks may be directly damaged by the dam releases but an investigation has to be made into each person’s claim,” he said. “I would caution property owners … not to try to jump in and file something without doing an appropriate investigation.”

He added, “I’d caution them to hire a lawyer that’s knowledgable in this area of the law.”

“Hodge said in the press conferences in the wake of Hurricane Harvey the Army Corps of Engineers was straightforward about the fact that they knew homes were going to flood from the releases from the reservoirs. He saw statements on the Corps website indicating federal officials had knowledge that flooding would happen.”

“The government could make such a decision if it was acting in the public interest, he said.”

“It’s a public use decision,” Hodge said.

“They decided to use your property for public use. They decided the general public needs to use your property.”

He said the “takings” law stems from the Fifth Amendment, which says that private property cannot be taken without just compensation.”

“The Texas Constitution guarantees the same right. State and federal law would similarly protect people with homes or businesses upstream of the reservoirs, Hodge said.”

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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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Houston Receives $1.32 Billion Infusion of Highway Funding

07 Friday Apr 2017

Posted by texascondemnation in Uncategorized

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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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$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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Radio Broadcast on Texas Condemnation and Eminent-Domain Issues – Listen Live on KSHN Radio, 99.9 FM

05 Thursday Nov 2015

Posted by texascondemnation in Uncategorized

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Brazoria County, Chambers County, Condemnation, Eminent Domain, Fort Bend County, Grand Parkway, Harris County, Houston, Houston condemnation, Houston eminent domain lawyer, KSHN Radio, Liberty, Liberty County, Lone Star NGL Pipeline, Montgomery County, road projects, San Jacinto County, Texas Condemnation, texas eminent domain, Texas eminent domain lawyer, TxDOT, Walker County

Screen Shot 2015-11-05 at 3.54.15 PM

Kyle Baum and Justin Hodge, attorneys with Johns Marrs Ellis & Hodge, LLP, will be speaking on Texas condemnation and eminent-domain issues at 8:30 am tomorrow morning, November 6, 2015, on KSHN Radio, 99.9 FM in Liberty, Texas.  Mr. Baum and Mr. Hodge will be discussing Texas condemnation procedures and recent developments in Texas eminent-domain law. They will also discuss current and planned projects, including the Grand Parkway and the Lone Star NGL Pipeline LP’s project, in Liberty County, Texas, Chambers County, Texas, Montgomery County, Texas, Walker County, Texas, San Jacinto County, Texas, Fort Bend County, Texas, Brazoria County, Texas and Harris County, Texas.   We invite you to listen to the live broadcast on KSHN’s website at http://kshnfm.com.  Screen Shot 2015-11-05 at 4.01.55 PM

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Houston Churches Face Goliath in Eminent-Domain Battle

21 Friday Aug 2015

Posted by texascondemnation in Houston, Landowner Rights, Property Rights, texas condemnation, texas condemnation lawyer, texas eminent domain, Texas Eminent Domain Attorney, Texas Eminent Domain Lawyer

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Attorneys, Austin, Austin condemnation, Austin eminent domain lawyer, Blog, Church, Condemnation, Condemnation claims, Eminent Domain, Houston, Houston condemnation, Houston eminent domain lawyer, property rights, Texas, Texas condemnation lawyer, texas eminent domain, Texas eminent domain lawyer

He and the church have helped congregants through drug addictions and gang violence, establishing a youth center and food pantry as part of the church’s mission, but they may have encountered a problem they cannot overcome: the power of eminent domain.

Bishop Roy Lee Kossie has been preaching at Latter Day Deliverance Revival Church in Houston’s Fifth Ward for 50 years, starting his work in 1965 when the area had gained notoriety as one of the city’s most dangerous neighborhoods.

At that time, the Fifth Ward became known as the “Bloody Nickel.” But, decades before the spur of its neighborhood violence, locals simply called it the “Nickel.” The neighborhood had served as a hub for minority-owned businesses and development during an era of redlining and de facto segregation. Congressman Mickey Leland and Congresswoman Barbara Jordan are products of the Fifth Ward, both attending Phillis Wheatley High School on Lyons Avenue, one of the nation’s largest black schools before desegregation.

The neighborhood, once flourishing with the hustle-and-bustle of local businesses, began to change in the 60s, according to the Texas State Historical Association, when upwardly mobile residents moved out to seek broader opportunities that stemmed from integration. Some attribute the neighborhood’s economic and social fall to Highway 59’s exclusion of Lyons Avenue and Jensen Drive – two of the Fifth’s busiest streets at the time – as exits on the major roadway, according to Houston History Magazine.

“The decline was slow,” Patricia Pando wrote in the Houston History Magazine. “Businesses did not disappear overnight. Nevertheless, by the late 1960s, the Lyons Avenue and Jensen Drive intersection was all but abandoned except for the still booming nightclub activity.”

The area’s decline did not, however, scare Bishop Kossie away from his church on Lyons Avenue. The church worked to acquire property, including the lots of two neighboring nightclubs, for its ministry.

“People shot first and asked questions later,” he said in a news release from the Liberty Institute. “But, we love this community. This is where the Lord called us and this is where we want to stay.”

He and the church have helped congregants through drug addictions and gang violence, establishing a youth center and food pantry as part of the church’s mission, but they may have encountered a problem they cannot overcome: the power of eminent domain.

The Houston Housing Authority (“HHA”) has made offers to purchase three of the church’s properties and has threatened to use eminent domain if those offers are not accepted, according to a lawsuit filed August 3 by Latter Day Deliverance Revival Church (“Latter Day”) and Christian Fellowship Missionary Baptist Church (“Christian Fellowship”). Liberty Institute is representing the churches and stated that the HHA was also seeking property owned by Christian Fellowship, a church that has been in the neighborhood for nearly 40 years.

The two churches in Houston’s Fifth Ward assert that the HHA’s use of eminent domain for a redevelopment project infringes upon the churches’ right to practice religion freely as the entity is seeking to take an “undeveloped” plot that Latter Day currently uses for parking and for its outdoor ministry in addition to other properties owned by the churches.

The HHA was seeking a total of four parcels from the two churches, three from Latter Day and one from Christian Fellowship, according to the Houston Chronicle. Christian Fellowship resides on one of those parcels, and the HHA planned to demolish the church to build a library, according to a lawyer for the Liberty Institute quoted in the Houston Chronicle Aug. 4.

The HHA initiated a redevelopment project in the Houston neighborhood in partnership with the Fifth Ward Community Redevelopment Corporation (“FWCRC”), an organization dedicated to revitalizing the historic Houston neighborhood through various development projects. The project, however, has come under public scrutiny since the lawsuit was filed. The HHA and the FWCRC altered their initial plan in response to the criticism, and their new plan would allow Pastor Quinton Smith to continue his 20-year career at Christian Fellowship.

“Toward ensuring [Pastor Smith’s] congregation continues its important presence in this community, I have asked our authority’s president, Tory Gunsolley, to work with our consultants to create an alternate development plan that does not include the property of First Christian Fellowship Missionary Baptist Church,” Chairman of the Houston Housing Authority Board of Commissioners Lance Gilliam said. “Unfortunately, that alternate plan will not allow us to include a new library. We recognize, however, that this sacrifice is balanced by the very real impact Pastor Smith and his congregation will have on the lives of existing and future residents of the Fifth Ward.”

Despite this alteration, the HHA and the FWCRC still plan to acquire Latter Day’s property to build a private health clinic.

“Although I applaud Bishop Kossie’s and his congregation’s impact on the quality of life in the Fifth Ward, I cannot provide him any comfort regarding our disagreement,” Gusnolley said.

The court has granted the churches a temporary restraining order to keep the housing authority off their properties but has not yet decided on whether the potential HHA taking violates the Texas Religious Freedom Restoration Act.

The HHA and the FWCRC may have noble intentions for the Fifth Ward as the FWCRC has a history of involvement in the community that includes the building of more than 300 homes in an effort to revitalize the Nickel. But, if we have learned anything since Kelo, it is that economic growth and development should not be cause enough to infringe upon someone’s constitutionally-protected property rights. Latter Day purchased its parcels of land with a vision in mind, and the HHA should not come between the church and that vision without having a compelling reason vested in the public interest to do so.

Co-authored by Justin Hodge and Ayla Syed.

If you have any questions about this blog, please feel free to contact Justin Hodge (jhodge@jmehlaw.com). 

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TxDOT Considers Expanding I-10 Between Houston and San Antonio

17 Friday Apr 2015

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

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Attorneys, Austin, Austin condemnation, Austin eminent domain lawyer, Blog, Condemnation, Condemnation claims, Eminent Domain, Houston, Houston condemnation, Houston eminent domain lawyer, I-10, road projects, San Antonio, TxDOT

The Texas Department of Texas (TxDOT) may soon expand the 200-mile route between San Antonio and Houston on I-10 by one lane in each direction, according to San Antonio Express-News.

TxDOT has not yet identified funding for this expansion and still has to complete an environmental review of the project before it can finalize plans.

Several road projects to improve mobility between large Texas cities – San Antonio, Austin, Dallas and Houston – have already been initiated in an effort to accommodate Texas’ population growth in recent years. Many of these projects may require the use of eminent domain to acquire the land needed for expansion, and landowners should pay attention to proposed projects near them. To read more about some of these projects, click here.

Co-authored by Justin Hodge and Ayla Syed.

If you have any questions about upcoming road projects or eminent-domain cases in Texas, please feel free to contact Justin Hodge at jhodge@jmehlaw.com

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High-Speed Train Between Houston and Dallas May Not Come So Fast

11 Saturday Apr 2015

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

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Attorneys, Austin eminent domain lawyer, Condemnation, Congress, Dallas, debate, Eminent Domain, High-Speed Rail, Houston, Houston condemnation, Houston eminent domain lawyer, politics, SB 1601, Texas, texas eminent domain, Texas eminent domain lawyer

The anticipated high-speed passenger rail line that would travel between Houston and Dallas may not come to fruition if the Texas Senate passes a bill proposed to limit the eminent-domain powers of companies that own such lines.

The proposed bill, initiated by Senator Lois Kolkhorst, R – Brenham, defines a high-speed rails as an “intercity passenger rail service that is reasonably expected to reach speeds of at least 110 miles per hour” and excludes companies that own such rail systems from exercising the power of eminent domain for those projects. The Texas Senate Transportation Committee voted Senate Bill 1601 out of committee on April 8, according to The Texas Tribune.

Texas Central High-Speed Railway, the private company developing the $12 billion train line, has maintained that it has private funding for the entirety of the project and would be able to compensate landowners for the property needed to complete the project more than the government typically can during condemnation.

“We have the ability to pay more because it’s not taxpayer dollars,” Texas Central President Robert Eckels said. “We, in fact, can pay more as a private company and expect that we will be paying more.”

Proponents of the proposed bill argue that the private company should not have the authority to use eminent domain for its own profits.

“Eminent domain is probably the most horrific power that the government has, and to dole that out to individual companies that can misuse that or use it for projects that result in profits, we have to be very careful about doing that,” said Senator Bob Hall, R – Edgewood.

Representatives of Texas Central, however, feel that the company is being singled out as hundreds of private firms are currently authorized to use eminent domain in Texas, according to the Texas Tribune.

“All that we ask is that this train be treated like any other private train in Texas,” said Richard Lawless, Texas Central chairman and CEO. “It does not seem fair to us that this train should be prohibited in Texas just because it goes faster than other trains.”

While the state government may not authorize the use of eminent domain to develop this project, Texas Central has proposed its route to the Federal Railroad Administration.

“Quite honestly, I’d rather do this as a Texas project,” Eckels said.

The train is expected to travel to Dallas from Houston in less than 90 minutes, making one stop in College Station. The company hopes to complete the project by 2021, but a few legislative road blocks may slow its progress.

Read the proposed SB 1601 here.

Co-authored by Justin Hodge and Ayla Syed.

If you have any questions about this article, please feel free to contact Justin Hodge at jhodge@jmehlaw.com

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JMEH Partners Testify in Front of Senate Committee, Advocate for Bill to Stop Eminent-Domain Abuse

27 Friday Mar 2015

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

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2015, Attorneys, Austin, Austin condemnation, Austin eminent domain lawyer, Blog, Condemnation, Condemnation claims, Congress, debate, Eminent Domain, Houston, Houston condemnation, Houston eminent domain lawyer, politics, Senate Bill 474, Senator Kolkhorst, Texas, Texas Senate

Marrs Ellis & Hodge, LLP, partners Justin Hodge and Luke Ellis testified in front of the Texas Senate Committee on State Affairs on March 9, 2015, in favor of a bill that would better protect landowners in eminent domain proceedings and help ensure that the fear of legal fees would not prevent landowners from seeking just compensation for their property.

Senate Bill 474, proposed by Senator Lois Kolkhorst, R — Brenham, would require those seeking to acquire property to reimburse landowners for their attorney’s fees if the award by the special commissioners exceeds the condemnor’s offer for the property prior to the proceedings by at least 10 percent.* The bill would also require reimbursement of attorney’s fees if the case moves beyond the special commissioners’ hearing to court and the award exceeds the condemnor’s offer prior to the proceeding by at least 10 percent.

Luke Ellis

Luke Ellis

Ellis and Hodge were the first among the five individuals
invited to testify in front of the Texas Senate Committee on State Affairs. Ellis opened the testimonies by describing a situation in which a landowner purchases a piece of land for $300,000. The landowner then builds a home on the land and spends $200,000 on construction, bringing the landowner’s total cost to $500,000.

An entity wants to use that land for a project that would serve some public purpose, and that entity offers the landowner $300,000. The landowner, knowing the amount he or she has spent on the property, then seeks legal counsel from an attorney. The attorney fights the case for a period of one to four years, at the end of which a jury awards the landowner $500,000.

“Has that landowner recovered in full for the benefit that [his or her] land has provided to our entire community?” Ellis asked the committee after setting up his example. “The answer, under the Texas system as it exists today, is a very definitive no.”

Ellis stated that the landowner does not recover in full in this process because of the attorney’s fees and legal costs required to combat low offers in court, especially when the landowner has to pay for experts and appraisals to counter the condemnor’s experts and appraisals. Ellis then went on to read the language in both the 5th Amendment of the U.S. Constitution that requires condemning authorities to give landowners just compensation for their properties and Article 1, Section 17 of the Texas Constitution that requires adequate compensation.

“But, in Texas, as the system exists, you don’t get just compensation or adequate compensation,” Ellis said. “You get adequate compensation less the cost it takes you to achieve adequate compensation, and that’s not a fair system for Texas landowners.”

SB 474 graphic2

This graphic is not representative of every path a condemnation case can follow and does not in any way offer legal advice. This graphic simply presents a the number of paths a hypothetical case could follow in context of SB 474.

The debate on SB 474 centers on whether the bill would have a fiscal impact on the government and increase the cost of condemnation. When presenting her bill, Senator Kolkhorst stated that the bill would not significantly increase costs to the government, and Ellis agreed with this in his testimony. Ellis said this bill would decrease litigation as it would incentivize condemning authorities to make a fair offer that landowners would want to accept initially.

“Condemnors have absolutely no incentive to treat landowners fairly. They’re a business. There is no penalty to make low offers to start,” Ellis said of the current system, adding that condemning entities often make low offers to “wash away” those afraid of a legal battle.

Ellis also described the abuse of power that often occurs in these legal battles as condemnors who can afford to run up legal costs and/or expert fees often do so to tire the landowner’s financial resources and ability to fight low offers.

“We believe [SB 474] is the first and a very strong step in trying to balance the scale,” Ellis said.

Hodge also testified and gave a personal testimony of his family’s experience in an eminent-domain proceeding. His family owned a ranch near the Bell-Williamson county line, and his grandfather had spent his lifetime drilling more than 70 water wells on that ranch looking for water to feed their livestock.

Hodge’s grandfather passed away, and Hodge’s father found seven commercial-grade water wells on the property. Hodge’s family contracted with local communities to make use of those water wells until the State of Texas, through the Department of Transportation (“TxDOT”), decided to build a safety rest stop on the ranch in 2006.

“They wanted 28 acres, and, in fact, they were taking the property where six of those seven commercial water wells existed,” Hodge said. “That was a shock to us. We begged and pleaded with TxDOT to move the safety rest stop.”

TxDOT did not move the location of the rest stop. Hodge’s family fought the state’s $350,000 offer for six years. The state did not include any compensation for the water underneath their property in its offer and argued that the water underneath the property did not belong to the landowners, a position that Hodge said ran contrary to nearly a century of case law in Texas.

The Hodge family case went in front of a jury of six people in Bell County, who awarded the family $5.8 million as just compensation for their loss of the water and land.

“You’re probably asking, ‘Well, aren’t you made whole? Isn’t your family made whole in that situation?’ And, the answer is no,” Hodge said to the committee. “We had to pay, as a family, more than $2 million in attorney fees to get that $5.8 million, and that doesn’t include expert costs associated with [the legal battle]. That was money my grandfather had worked hard for to pay for college educations for his great grandchildren, my father’s grandchildren, and my children.”

“This is a bill that will help landowners like my family, landowners…who have to bear a huge cost for the community” Hodge added. “[SB 474] stops abuse.”

Senator Kolkhorst modeled the bill after similar bills in effect in other states in an effort to help stop this abuse.

“The spirit of SB 474 is just to say, if you need to, you can access the courts,” Kolkhorst said. “And, if you were wronged, those fees will be paid by those who wronged you.”

SB 474 is currently pending in the Texas Senate Committee on State Affairs. If passed as currently written, the bill would go in effect September of 2015.

*In Texas, if a landowner and the condemning authority cannot agree to an amount for the property, a panel of three court-appointed special commissioners will determine an award for the property.  If either party objects to the award, the case then proceeds to a court where a judge or jury determines the fair-market value of the property in question.

If you want to hear Ellis and Hodge’s testimonies, please visit  http://youtu.be/H9psHmXLexw. If you have any questions about SB 474, please feel free to contact Justin Hodge at jhodge@jmehlaw.com.

Co-authored by Justin Hodge and Ayla Syed.

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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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