• About
    • Justin Hodge
    • Luke Ellis
  • Contact Us
  • Eminent Domain FAQs
  • Resources
    • Fair Market Value Considerations
    • Highest and Best Use
    • Highway Expansions
    • Pipelines
    • Power Lines
    • Water Rights
    • What is Eminent Domain?
  • Sitemap
  • Thank You

Texas Condemnation

~ Texas Eminent Domain Explained

Texas Condemnation

Tag Archives: reform

The Eminent Domain Reforms that Could Have Been

19 Friday Jun 2015

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

≈ 1 Comment

Tags

Austin condemnation, Austin eminent domain lawyer, Condemnation, Condemnation claims, Congress, debate, elections, Eminent Domain, house of representatives, politics, reform, senate, Texas, Texas Condemnation, Texas condemnation lawyer

As Texas’ 84th Legislative Regular Session closed on June 1, several bills pertinent to eminent-domain reform were sent to the political junkyard where other legislative “almosts” and “could-have-beens” also reside.

Senate Bill 1601, which would have excluded high-speed rail from using eminent domain and thwarted the development of the Texas Central High-Speed Railway between Dallas and Houston, never made it out of the Senate Transportation Committee. The bill was initiated by Senator Lois Kolkhorst, R – Brenham, who filed it with the Texas Senate on March 12 this year in order to better control the use of eminent domain by private companies. To read more about this bill, please read our blog.

Senator Kolkhorst also initiated Senate Bill 474, which died in the Texas House of Representatives after passing through the Senate by a 25-6 vote. In an effort to encourage fair initial offers, the bill would have required those seeking to acquire property to reimburse landowners for their attorneys’ fees if a panel of special commissioners, judge or jury determined the value of the land to be at least 20 percent higher than the amount offered by the condemnor during a condemnation proceeding. The bill initially required compensation only if the value exceeded the offer by at least 10 percent, but that number was changed to 20 percent in the Senate Committee on State Affairs. The House Land and Resource Management Committee left the bill pending. To read more about SB 474, please read our blog.

Senate Bill 479 faced a fate similar to SB 474’s as it made its way out of the Senate in a 29-1 vote only to be left perpetually pending in the House Business and Industry Committee. The bill, authored by Senator Charles Schwertner, R – Georgetown, would have more narrowly defined the phrase “actual progress.” In Texas, a landowner can repurchase his or her land if the condemning party has not made “actual progress” toward the intended use of the property within 10 years of the taking. “Actual progress,” however, can be difficult to define, and SB 479 would have helped remediate that ambiguity. To read more about SB 479, please read our blog.

Co-authored by Justin Hodge and Ayla Syed.

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

Share this:

  • Facebook
  • LinkedIn
  • Email
  • Twitter

Like this:

Like Loading...

Stay up to date with Justin and Luke

texascondemnation

texascondemnation

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.

Personal Links

  • Marrs Ellis & Hodge LLP

View Full Profile →

RSS TexasCondemnation

  • Jacob Merkord on Fox 7 Austin News Regarding Matterhorn Pipeline in Williamson County, Texas August 3, 2022
    Jacob Merkord, Marrs Ellis & Hodge LLP partner, was interviewed on Fox 7 Austin news regarding the upcoming Matterhorn Pipeline …Continue reading →
    texascondemnation
  • Luke Ellis Interviewed on KXAN-NBC News Austin Regarding Matterhorn Pipeline Project July 13, 2022
    Luke Ellis, Marrs Ellis & Hodge LLP partner, was interviewed on KXAN-NBC news in Austin regarding the upcoming Matterhorn pipeline …Continue reading →
    texascondemnation
  • Watch Justin Hodge on Fox26 News – Texas Supreme Court Approves Eminent Domain for High Speed Train Between Houston and Dallas June 30, 2022
    Justin Hodge was interviewed on Fox26 news about the Texas Supreme Court’s recent approval of eminent domain for the high …Continue reading →
    texascondemnation
  • ALI CLE Eminent Domain Conference – Scottsdale, Arizona January 28, 2022
    Justin Hodge with Marrs Ellis and Hodge presented at the 2022 ALI CLE Eminent Domain Conference in Scottsdale, Arizona. You …Continue reading →
    texascondemnation
  • Brazoria County Bar Association – Eminent Domain Presentation January 20, 2022
    Justin Hodge, Kyle Baum, and Kyle Hlavinka presented on eminent domain at the January 2022 Brazoria County Bar Association luncheon. …Continue reading →
    texascondemnation
  • Oral Arguments Held in Tropical Storm Harvey Downstream Flooding Cases January 13, 2022
    On January 12, 2022, the United States Court of Appeals for the Federal Circuit heard Milton v. United States (The Tropical Storm …Continue reading →
    texascondemnation
  • Law360 – High Speed Rail Showdown In Texas January 4, 2022
    Emma Whitford, with Law360, wrote a terrific article entitled “3 Real Estate Cases to Watch in 2022.” As part of …Continue reading →
    texascondemnation
  • Groups File Complaint With FHWA Against TxDOT on I-45 Project in Houston, Texas. December 18, 2021
    Alliance Houston, Stop TxDOT I-45, LINK Houston, Texas Appleseed, and Texas Housers filed a complaint on Thursday, December 16, 2021 …Continue reading →
    texascondemnation
  • High Speed Train from San Antonio to Monterrey – TxDOT and Mexico Study Concept December 11, 2021
    TxDOT and Mexico both recently conducted studies connecting San Antonio, Texas to Monterrey, Mexico. Another high-speed train project is also …Continue reading →
    texascondemnation
  • TxDOT I-45 Project is Allowed to Proceed December 3, 2021
    Despite months of delay, the Federal Highway Administration announced that TxDOT is allowed to proceed with portions of the I-45 …Continue reading →
    texascondemnation

Follow Our Blog via Email

Enter your email address to follow this blog and receive notifications of new posts by email.

Twitter Updates

Error: Twitter did not respond. Please wait a few minutes and refresh this page.

Twitter Updates

  • With the #Keystone decision looming, will the President propose a quid pro quo? wp.me/p2D4PK-3i via @JustinAHodge #Obama #Pipelines 9 years ago
  • City of #Austin may pay Whittington $14.1 million for downtown block wp.me/p2D4PK-3f via @JustinAHodge #TexasSupremeCourt 9 years ago
  • Court rules #EPA can withdraw mining permits wp.me/s2D4PK-196 via @JustinAHodge #Coal #Pollution 9 years ago
Follow @TXCondemnation

Twitter Updates

  • With the #Keystone decision looming, will the President propose a quid pro quo? wp.me/p2D4PK-3i via @JustinAHodge #Obama #Pipelines 9 years ago
  • City of #Austin may pay Whittington $14.1 million for downtown block wp.me/p2D4PK-3f via @JustinAHodge #TexasSupremeCourt 9 years ago
  • Court rules #EPA can withdraw mining permits wp.me/s2D4PK-196 via @JustinAHodge #Coal #Pollution 9 years ago
Follow @JMEHLaw

TexasCondemnation

  • RSS - Posts
  • RSS - Comments

Pages

  • About
    • Justin Hodge
    • Luke Ellis
  • Contact Us
  • Eminent Domain FAQs
  • Resources
    • Fair Market Value Considerations
    • Highest and Best Use
    • Highway Expansions
    • Pipelines
    • Power Lines
    • Water Rights
    • What is Eminent Domain?
  • Sitemap
  • Thank You

Powered by WordPress.com.

 

Loading Comments...
 

    %d bloggers like this: