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Tag Archives: TxDOT

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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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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$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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High Speed Rail Number Two

02 Friday Sep 2016

Posted by texascondemnation in High-Speed Rail, Texas Department of Transportation

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850 mile route, bullet train, commute, Dallas to Houston, Eminent Domain, Federal Railroad Administration, FRA, High-Speed Rail, Interstate 35, Oklahoma City, private property, Rio Grande Valley, Texas Central Partners, Texas Department of Transportation, Traffic, TxDOT

The Texas Department of Transportation (TxDOT) announced that it is considering the development of a high-speed rail line. The rail line would be the second such project proposed recently, the other being the frequently discussed Dallas to Houston high-speed rail under development by Texas Central Partners, a private firm. The TxDOT train would travel over an 850 mile route, connecting Oklahoma City and the Rio Grande Valley. Though the exact placement of each station has yet to be fully determined, TxDOT has already released a preliminary map with several proposed points. The project would run along Interstate 35, and would assist TxDOT’s ongoing objective to reduce traffic.

“I travel back between Austin and San Antonio a lot, and sometimes it takes three hours and sometimes it takes five hours depending on the traffic,” said Mark Werner, the rail planning director at TxDOT. “It’s just reliability and to provide people another option to travel.”

So far, TxDOT has yet to propose solutions to address the cost and timeline components of such an undertaking. TxDOT is still investigating the feasibility of the project, and is expected to present its findings to the Federal Railroad Administration by the end of the year. If this project receives the green light, it is likely the state would use its powers of eminent domain to acquire private property along the route.

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Round Rock’s Stagecoach Inn May Be Moved to Accommodate Road Project

27 Friday May 2016

Posted by texascondemnation in Texas Department of Transportation

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Chisholm Trail, Deepwood Drive, Eminent Domain, Gary Huddger, IH 35, Ranch-to-Market Road 620, RM 620, Road Project, Round Rock Historic Preservation Commission, Round Rock Texas, Stagecoach Inn, Texas Department of Transportation, TxDOT, Williamson County

The Texas Department of Transportation, City of Round Rock, and Williamson County, have proposed a road construction project they hope will help alleviate traffic on a frequently congested portion of Ranch-to-Market Road (RM) 620. The proposal, which seeks to improve a stretch of road from Deepwood Drive to IH 35, calls for a widening of RM 620 from four lanes to six, and advocates the construction of an elevated four lane road above RM 620.

Incidentally, the Stagecoach Inn, a historic landmark dating back to the 1850’s, located in the project’s path, would need to be demolished or moved to accommodate the construction. Reluctant to demolish the property, the Round Rock Historic Preservation Commission deferred on a decision for demolition, allowing residents an additional four-month period to propose relocation-based solutions.

One solution, put forth by the Director of the Commission, Gary Hudder, would see the Inn moved to a portion of its current property that would be unaffected by the project.

“Is it better to haul it across town somewhere? Yes. But if we can keep it somewhere close to the actual Chisholm Trail, that’s what makes the most sense from a historical preservation perspective,” said Hudder.

Hudder also noted that as it stands, the Inn currently lacks a foundation, and relocation would provide the opportunity to add stability to the structure.

Projects which impact historical sites raise the question of trade-offs between past and future, serving as a reminder that the use of Eminent-Domain can force citizens to choose between the two.

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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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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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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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Big Funds Keep on Turning, Texas Highways Keep on Stirring

07 Saturday Feb 2015

Posted by texascondemnation in Politics, 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 condemnation, Houston eminent domain lawyer, Jane Nelson, Robert Nichols, Senate Bill 5, Texas, texas eminent domain, Texas eminent domain lawyer, texas highways, TxDOT

A big move by Texas legislators could potentially funnel $25 billion over the span of a decade to the State Highway Fund – the second headline-making highway funding plan proposed this year.

Texas Senator Robert Nichols, R – Jacksonville, filed two pieces of legislation, Senate Bill 5 and its complementary constitutional amendment, Wednesday that could potentially move a portion of funds raised from new and used vehicle sales tax to the State Highway Fund.

Nichols serves as the chairman of the Senate Transportation Committee, and the bills were co-authored by Senator Jane Nelson, R – Flower Mound, the chairwoman of the Senate Finance Committee.

If approved by the State Legislature, the legislation would appear on the November ballot for voter approval and follow a path to implementation similar to Proposition 1 (Read our post on Proposition 1 here).

Additional highway funding would give TxDOT more leeway to expand and build upon current infrastructure and also allow it to finance new roadway projects. These projects often include condemnation proceedings to acquire land needed for expansion from current landowners. As Texas’ transportation infrastructure continues to expand, eminent domain will stay at the forefront of legal battles produced by new projects.

*Post title modified from “Proud Mary,” a song made popular by Tina Turner.

Coauthored 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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