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Tag Archives: taking

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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How the Badgers can “Hook the Horns” and Gig the Aggies

26 Friday Aug 2016

Posted by texascondemnation in Landowner Rights, Property Rights, Supreme Court

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adjacent parcels, Department of Natural Resources, Eminent Domain, Football, Joseph P. Murr, Regulatory Takings, St. Croix County Land Ordinance, Supreme Court, Supreme Court of Wisconsin, taking, Texas landowners, Wisconsin, Wisconsin Court of Appeals, Wisconsin Land Ordinances

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Photo Courtesy of TheSportsBank.net

Typically, Wisconsin happenings impact Texas most greatly in the area of football. However, a recent Wisconsin legal development, now before the Supreme Court, may well have implications for Texas landowners in the area of regulatory takings. Regulatory takings occur when a government regulation limits the potential uses of a property to such a degree that the property is effectively stripped of all economic value. In Joseph P. Murr et al v. Wisconsin, et al., the Murrs, siblings Joseph, Michael, Donna, and Peggy, argued that by prohibiting certain transactions, particular Wisconsin land ordinances had so deprived their property of value that a regulatory taking been inflicted.

In 1960, the Murr’s parents purchased Lot F and constructed a cabin on it. They purchased the adjacent Lot E three years later as an investment for development or sale. Lot E remains undeveloped to this day. In 1994, the Murr’s parents transferred ownership of Lot F to the siblings, followed by Lot E in 1995. As the parcels were adjacent, less than one acre in size, respectively, and now under common ownership, the title transfer triggered a St. Croix County land ordinance which merged the two lots. The same Ordinance also prohibits the sale or individual development of adjacent lots under common ownership unless an individual lot has an area of at least one acre. Several years later, the Murrs attempted to sell Lot E, and sought a variance to use or sell their lots separately. The Department of Natural Resources and county zoning administrators challenged the application, which was formally denied by the St. Croix County Board of Adjustment. The Murrs sought review and the trial court affirmed the Board’s decision. On appeal, the Wisconsin Court of Appeals affirmed the lower court’s decision.

The Murrs then brought action against the State and County, alleging that the Ordinance caused an uncompensated regulatory taking of their property. They argued that by restricting any sale of the parcels to a combination of the parcels only, the Ordinance deprived the Murrs of any value that Lot E might have possessed as an individual parcel. The Court determined that the effect of the Ordinance must be examined on the Murr’s property as a whole. The Court held that taken as a whole, the land still retained significant value even under the Ordinance, and that therefore, the Murrs did not suffer a compensable taking as a matter of law, which the Wisconsin Court of Appeals affirmed. The Supreme Court of Wisconsin declined to hear the Murr’s appeal of the Appellate Court’s decision.

The case has since then been granted review by the United States Supreme Court, and may have a direct impact on Texas landowners who have been denied use of their property by a City or County Ordinance.

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So you’ve been condemned…now what?

28 Saturday Jul 2012

Posted by texascondemnation in Uncategorized

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Condemnation, Eminent Domain, property rights, taking

Despite being a lawyer who represents people across the State on these types of cases, I can honestly say I understand what it feels like to have your property taken from you. Our family’s ranch was taken by the State of Texas to build a 28 acre rest stop between Austin and Dallas. My grandfather spent a lifetime drilling for water on the property and we discovered commercial quantities of Edwards groundwater. The State refused to compensate us for the value of the groundwater taken and we fought for six long years to receive just compensation. If you are facing a condemnation action (whether by highway expansion, pipeline, power line, or something else), I invite you to use this resource as a guide. Please feel free to ask any questions or make suggestions on how I can provide additional helpful information. Thank you!

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texascondemnation

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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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