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Texas Central counterclaimed, seeking a declaratory judgment that it is a “railroad company” and an “interurban electric railway company” with eminent-domain authority under Chapters 112 and 131 of the Texas Transportation Code, respectively. The trial court granted summary judgment for Miles.
KXAN looks at the growing number of eminent domain cases and how a recent Texas law lays out just how quickly fights like these can be over. WILLIAMSON COUNTY, Texas (KXAN) — An old coffee can scrapes the side of a metal bucket as Angela Wetuski’s boys scoop up food to feed the catfish in her family’s tank. The pea-sized pellets scatter ...
On April 16, 2024, the Supreme Court of the United States (“SCOTUS”) released its opinion in DeVillier v. Texas, 601 U.S. – (2024), a lawsuit concerning the Takings Clause of the Fifth Amendment to the United States (“U.S.”) Constitution and how it affects rural landowners.
The primary issues in this case are whether (1) Texas law grants eminent domain authority to a pipeline owner shipping polymer grade propylene; (2) a pipeline shipping a product from the pipeline owner’s sole manager to an unaffiliated customer constitutes a public use; and (3) the landowner may properly testify that the highest-and-best use of ...
Last week, the United States Supreme Court heard oral argument in Devillier v. Texas, a lawsuit involving rural landowners who claim the State of Texas took their private property by building a highway in a manner that caused flooding on their adjacent lands. [Read article here.]
Case Results. Trial Victory: Brazos Electric Power Cooperative v. Carrell and Maak. Corsicana attorneys Jason Sodd and Clay Beard of Dawson & Sodd, PLLC recently secured a verdict of more than five times the offer of the condemnor in a Johnson County case styled Brazos Electric Power Cooperative, Inc. v. Larry Kirk Carrell and Marsha E. Carrell ...
A recent Texas Supreme Court decision on pipeline eminent domain, Hlavinka v. HSC Pipeline: The Hlavinka family own some 13,000 acres in Brazoria County, Texas, situated near the Texas Gulf Coast directly between refinery and industrial centers.
The Texas Supreme Court earlier this year heard oral arguments in a case between a Brazoria County landowner and a subsidiary of Enterprise Product Partners. At the heart of the case is the proper use of eminent domain.
Eminent domain refers to the power of the state to take private property, subject to two requirements—the taking must be (1) compensated and (2) for public use.
Texas Central Railroad & Infrastructure, Inc., 647 S.W.3d 613 (Tex. June 24, 2022) Facts: The owner of real property located along the proposed high-speed railway route sued seeking a declaratory judgment that the Texas Central Entities lacked eminent-domain authority.