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Tag Archives: infrastructure

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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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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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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