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Tag Archives: Texas Condemnation

TxDOT I-45 Project is Allowed to Proceed

03 Friday Dec 2021

Posted by texascondemnation in Uncategorized

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Condemnation, Eminent Domain, highway widening, I-69, IH-45, North Houston Highway Improvement Project, State Highway 288, Texas Condemnation, texas eminent domain, TxDOT, TxDOT Houston

Despite months of delay, the Federal Highway Administration announced that TxDOT is allowed to proceed with portions of the I-45 project on North Houston Highway Improvement Project, which would widen I-45 from downtown Houston, Texas north to Beltway 8. The project is estimated to cost over $10 billion. TxDOT’s I-45 project will impact private property along I-69, State Highway 288, and IH-45 in Houston, Texas.

TxDOT IH-45 Project

You can learn more about the project here:

https://www.txdot.gov/inside-txdot/division/debt/strategic-projects/alternative-delivery/nhhip-seg3.html

https://www.houstontx.gov/planning/nhhip/

There are still many concerns that will need to address the impacts and displacements in Houston’s Third Ward. According to a November 29, 2021 letter from the Federal Highway Administration, TxDOT is allowed to acquire property through market negotiations, but at this time cannot rely on its eminent-domain power. Regardless, TxDOT should fairly compensate all the landowners along the project and not make lowball offers. This would allow the I-45 Project to proceed and reduce the harm to individual landowners. Landowners along the route should consider consulting with eminent-domain lawyers to make sure TxDOT pays just compensation, including damages to remaining property.

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DART “Silver Line” May Damage Businesses in Dallas – Fox News 4 Features Justin Hodge

28 Saturday Sep 2019

Posted by texascondemnation in Uncategorized

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Dallas Area Rapid Transit, DART, Eminent Domain, Fox News 4 Dallas, Justin Hodge, State v. Schmidt, Texas Condemnation, texas eminent domain

Dallas Fox 4 discusses the impact of the DART “Silver Line” on business owners and interviews Marrs Ellis & Hodge, LLP partner, Justin Hodge, regarding property right reform.

https://www.fox4news.com/news/business-owner-worries-dart-silver-line-construction-will-hurt-bottom-line

Dallas Area Rapid Transit (DART) is planning a new line from DFW terminal to UT Dallas in Plano. As part of that construction, many landowners will be impacted, including businesses that have been operating for decades. Although many of those businesses will be severely damaged by the project, Texas eminent-domain law may not allow recovery under the Texas Supreme Court’s Schmidt “community damages” ruling. This is a “horrific standard” says Justin Hodge, that should be changed to better protect Texas landowners when their property is taken, damaged, or destroyed.

To learn more about this project, you can visit DART’s project page below.

https://www.dart.org/about/expansion/cottonbelt_deis.asp

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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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College Station, Texas – Property Owner and Landowner Rights Conference

07 Friday Aug 2015

Posted by texascondemnation in College Station, JMEH Law News, Landowner Rights, Property Rights, texas condemnation, texas condemnation lawyer, texas eminent domain, Texas Eminent Domain Attorney, Texas Eminent Domain Lawyer

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Austin condemnation, Austin Eminent Domain Attorney, Austin eminent domain lawyer, College Station Eminent Domain, Houston condemnation, Houston Condemnation Lawyer, Houston Eminent Domain Attorney, Houston eminent domain lawyer, landowner rights, property rights, Texas Condemnation, Texas condemnation lawyer, texas eminent domain, Texas eminent domain lawyer, Texas Lawyer

College Station has been a hub for growth in recent years, and this growth has triggered the development of several large-scale infrastructure projects that will require the use of eminent-domain to reach fruition. In an effort to help educate local landowners of their rights in these proceedings, Johns Marrs Ellis & Hodge hosted the Property Owner and Land Owner Rights Conference on May 9 in College Station.

Aggie projects

Tiffany Dowell Lashmet

Tiffany Lashmet

Tiffany Dowell Lashmet, Assistant Professor and Extension Specialist who focuses on Agricultural Law at Texas A&M Agrilife Extension, spoke to those in attendance about easement negotiations and rights. Lashmet writes and maintains the Texas Agriculture Law blog for A&M, a site that has been regarded as one of the top legal blogs in the nation.

“Condemnation proceedings have very different procedures than other civil cases,” she wrote in one blog. “It is important for landowners to understand the condemnation process in case they ever find themselves faced with a condemnation suit.”

JMEH partners Luke Ellis and Justin Hodge also presented at the conference and provided a summary of Texas Senate and House bills pertaining to eminent domain. Most of the bills discussed did not make their way into legislation at the close of Texas’ 84th Legislative Session. The two also went over what the landowners affected by nearby projects could expect in an eminent-domain lawsuit.

“There were dozens of concerned landowners in attendance who are deeply impacted by these projects,” Hodge said.

The conference also included discussions about land valuation, typical valuation disputes in condemnation cases, and information about what to look for when obtaining an appraiser.

If you have any questions regarding this seminar or any other projects, please feel free to contact Luke Ellis (lellis@jmehlaw.com) or Justin Hodge (jhodge@jmehlaw.com).

 

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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

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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

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Texas Independence Day

02 Monday Mar 2015

Posted by texascondemnation in Uncategorized

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adequate compensation, Article I, Battle of Gonzales, Come and Take It, Condemnation, Harris County, Houston condemnation, Houston eminent domain lawyer, just compensation, Pipelines, Power Lines, road projects, Section 17, Texas Condemnation, Texas condemnation lawyer, Texas Constitution, texas eminent domain, texas property rights, TxDOT

As Texans, today we pause to honor those who fought for our independence.  Texas Independence Day symbolizes the strength of those who call Texas home – a resolve to fight for what is fair and right.

Five months prior to the day Texas gained its independence, a fearless group of Texans, who referred to themselves as “Texians,” successfully resisted Mexican forces who were ordered to take a small bronze cannon mounted to the blockhouse in Gonzales, Texas.  In a bold act of defiance, the Texians fashioned a flag containing the phrase “Come and Take It” along with a black star and an image of the cannon.

During that October night, the Texians crossed the river at approximately 7 pm. It is reported that a thick fog rolled in at midnight, delaying the Texian army. Just before sunrise, the Texians reached the Mexican army. With the darkness and fog, the Mexican soldiers could not estimate how many men had surrounded them. At dawn, the Texians emerged from the trees and began firing at the Mexican soldiers. After a failed attempt at a “mediated settlement,” the Texians fired their cannon at the Mexican army. The Mexican army retreated realizing it was outnumbered and outgunned.

Today, Texans battle government and private takings of land for pipelines, power lines, and road projects by condemnation.  There is very little difference between the Mexican army taking the cannon and a private company improperly using eminent domain to take property.  See Texas Rice Land Farmers vs. Denbury Green Pipeline, 363 S.W.3d 192 (Tex. 2012).  Let us celebrate our founding “Texians” wisdom in Article I, Section 17 of the Texas Constitution.  It states:

“(a) No person’s property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person, and only if the taking, damage, or destruction is for:

(1) the ownership, use, and enjoyment of the property, notwithstanding an incidental use, by:

(A) the State, a political subdivision of the State, or the public at large; or

(B) an entity granted the power of eminent domain under law; or

(2) the elimination of urban blight on a particular parcel of property.

(b) In this section, “public use” does not include the taking of property under Subsection (a) of this section for transfer to a private entity for the primary purpose of economic development or enhancement of tax revenues.

(c) On or after January 1, 2010, the legislature may enact a general, local, or special law granting the power of eminent domain to an entity only on a two-thirds vote of all the members elected to each house.

(d) When a person’s property is taken under Subsection (a) of this section, except for the use of the State, compensation as described by Subsection (a) shall be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities shall be made; but all privileges and franchises granted by the Legislature, or created under its authority, shall be subject to the control thereof.”

As Texans, our Constitution guarantees us the right to “adequate compensation” for the taking of property through eminent domain.  Because the “Texians” bravely fought for this right, today we celebrate Texas Independence Day and honor our fallen heroes.

Justin Hodge is a partner with Johns Marrs Ellis & Hodge LLP in Houston, Texas.  He defends against government and private takings throughout the State of Texas.

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Abbott Boosts Road Budget by $4 Billion

21 Saturday Feb 2015

Posted by texascondemnation in Bryan, Houston, Navasota, Politics, Property Rights, texas condemnation, texas condemnation lawyer, texas eminent domain, TxDOT

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Aggie Expressway, aggies, Attorneys, Austin, Austin condemnation, Austin eminent domain lawyer, Eminent Domain, greg abbott, Highways, politics, Roads, Texas, Texas Budget, Texas Condemnation, Texas condemnation lawyer, texas eminent domain, Texas eminent domain lawyer, TxDOT

Governor Greg Abbott made public roads a focal point during his first State of the State Address earlier this week and included it as the third of five emergency items Texas will tackle this year.

The new governor’s budget includes an additional $4 billion for Texas roads. The governor attributed this increase in budget to funding from Proposition 1 (read more here), the current State Highway Fund, and the reallocation of half of the state’s new and used vehicle sales taxes outlined in Senate Bill 5 (read more here).

As evident from the governor’s State of the State Address, transportation will remain at the forefront of politics this year. The Texas Department of Transportation (TxDOT) has a number of projects already in motion already and announced a list of potential projects earlier this year (read more here).

One of the projects picking up speed right now is the Aggie Expressway, expected to be completed within the next few years. This project will extend State Highway 249 from Houston to Navasota, where it will connect to Highway 6 in Grimes County. The expressway could also require up to nearly 600 acres of right-of-way acquisitions.

While a less congested path to Aggieland, or College Station, will certainly help fans commuting on game days, this path will come at a cost to many local land owners.

If you have any questions regarding this or any other road projects, please feel free to contact Justin Hodge (jhodge@jmehlaw.com). To read Abbott’s full Address, click here.

Coauthored by Justin Hodge and Ayla Syed.

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$1.74 Billion for New Roads in Texas to Help Meet State’s Growing Demand

30 Friday Jan 2015

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

≈ 4 Comments

Tags

Attorneys, Austin, Austin condemnation, Austin eminent domain lawyer, Blog, Eminent Domain, Proposition 1, Texas, Texas Condemnation, texas eminent domain, Texas eminent domain lawyer

The Texas Department of Transportation (TxDOT) announced a list of potential projects last week that would utilize funds from the Texas Transportation Funding Amendment (also known as “Proposition 1”), which passed with 80% of the votes during the November elections.

Proposition 1 is projected to funnel about $1.74 billion to TxDOT projects from oil and gas tax revenues, money that previously went solely to the state’s “Rainy Day Fund.” Half of these revenues will continue going toward the Rainy Day Fund, but the other half will now help finance road projects.

TxDOT has allocated about $150 million of Proposition 1 funds to Austin, most of which will likely go toward expanding I-35, one of the nation’s most congested highways, by two lanes. TxDOT also earmarked $278 million for projects in Houston, and part of those funds could potentially help expand US-59 to a 6-lane highway.

Texas, especially areas in Houston and Austin, has seen some of the highest rates of population growth in the nation in recent years, and this growth comes hand-and-hand with expansion.

While Texan drivers may find some relief from rush-hour congestion in the near future, many of these projects may require the use of eminent domain to acquire property needed for expansion.

TxDOT has not yet finalized its list of projects and will continue to accept comments from the public on the projects proposed last week.

If you would like more information regarding these proposed projects, please feel free to contact Justin Hodge (jhodge@jmehlaw.com).

Coauthored by Justin Hodge and Ayla Syed.

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How the 2012 Presidential Election Can Affect You, the Landowner

09 Friday Nov 2012

Posted by texascondemnation in Politics, Property Rights

≈ 1 Comment

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2012 Elections, Condemnation, Congress, Eminent Domain, Environmentalists, Keyston XL, oil and gas, pipeline, President Obama, property rights, Texas Condemnation, texas eminent domain, TransCanada

With America’s new president decided, both sides of the energy argument speculate victories. Some oil and gas enthusiasts think President Obama is likely to pass TransCanada’s Keystone XL Pipeline in his second term now that the company has assured that the pipeline will not pass through a sensitive aquifer in Nebraska. At the same time, environmentalists are looking forward to the President’s motions towards clean energy, absent the use of fossil fuels. Whether President Obama will favor one side over the other is left to be revealed when Congress convenes in early January, but in the meantime, we do know the President plans on employing an “all of the above” strategy to solve the energy issue. This means no energy source is likely to be abandoned completely. This also means landowners will need to be far more wary when it comes to their property rights. Whether it is a wind farm or a pipeline, or anything in between, you have the right to just compensation for your land if a private company or the government decides to condemn it. Eminent domain laws were not set in place to favor one side over the other. Know your rights and how to fight back.

To read more about how the 2012 election will affect eminent domain, visit here.

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Not in my Backyard – How About Yours?

26 Friday Oct 2012

Posted by texascondemnation in Pipelines, Property Rights

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Condemnation, Eminent Domain, energy, Keystone XL Pipeline, property rights, Smitherman, Texas Condemnation, texas eminent domain, Texas Railroad Commission, TransCanada

The chairman of the Texas Railroad Commission, Barry Smitherman, spoke about the benefits of the Keystone pipeline at the energy conference hosted by the Greater Houston Partnership last weekend. In his speech, he mentioned the immense amount of profit possible from investment in the line. But who is making all the profit? Definitely not the landowner whose land is condemned so that a private company can install a hazardous pipeline for the transport of oil from tar sands in Canada. Whenever the issue of eminent domain has come up in relation to the Keystone XL pipeline or to energy expansion in general, the landowner’s rights have been swept under the rug.  The best way to fight for your rights is to know them (jmehcondemnation.com). Once we know our rights, protests against condemnation will evolve into civil litigation in favor of the landowner. But to get to this point, we must understand our rights as landowners in the face of eminent domain proceedings.

To read more, click here..

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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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