Charles B. McFarland

Charles B. McFarland

Principal

Phone 713.325.9701
cmcfarland@mcfarlandpllc.com
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Charles McFarland has extensive experience representing property owners whose private property has been taken by the government for public use. His primary area of practice focuses on highway and roadway widening projects that impact retail, commercial, industrial and special use properties. He also has successfully represented clients affected by pipelines, electric transmission lines, flood control, and other public-use projects.

An honors graduate of both the University of Texas at Austin and the University of Texas School of Law, Charles was a partner at Vinson & Elkins before forming McFarland PLLC, a boutique law firm focusing exclusively on condemnation and eminent domain litigation. In his 20+-year career, Charles has obtained successful jury verdicts, judgments, and awards in counties across the State of Texas. He has additionally handled appeals of condemnation cases in the First, Fourth, Sixth, Tenth, Eleventh, Thirteenth, and Fourteenth Courts of Appeal and in the Texas Supreme Court.

Charles became board certified in Civil Trial Law trying condemnation cases and has been selected by his peers for inclusion in the publications Best Lawyers in America and by Texas Super Lawyers for his expertise in the areas of Eminent Domain and Condemnation Law. He additionally holds the AV Preeminent Rating, Martindale-Hubbell’s highest possible rating for ethical standards and legal ability, and serves as the Texas representative to the Owners' Counsel of America, a network of the nation's leading eminent domain and property rights attorneys. Candidates for membership in Owners’ Counsel are thoroughly vetted based upon their ability, experience, results, and dedication to representing private property owners in eminent domain. Membership is by invitation-only and restricted to one attorney from each state across the country.

Charles is a frequent guest speaker and panelist on the topic of eminent domain and is a contributing author to the American Bar Association, the American Law Institute, and other publications.  Among the professional organizations he serves both past and present are:

• Texas Member, Owners' Counsel of America

• Member, The Counselors of Real Estate

• Past President, Texas Association of Civil Trial and Appellate Specialists

• Past Chair, Damages Subcommittee of the Condemnation, Zoning and Land Use Litigation Committee of the Section of Litigation of the American Bar Association

• Keeton Fellow, University of Texas School of Law

• Fellow, Houston Bar Foundation

• Fellow, Texas Bar Foundation

 

Retail Matters

  • Favorable settlements as lead counsel in advanced acquisitions by the State of Texas for its proposed North Houston Highway Improvement Project
  • Favorable jury verdict as lead counsel against the State of Texas in condemnation case involving the extension of the Grand Parkway (SH 99) through proposed town center-type retail development in Harris County, Texas
  • Favorable settlement as lead counsel involving the State of Texas’s early acquisition of retail, mixed use development for the realignment of the North Houston Highway (NHHIP)
  • Favorable jury verdict as lead counsel against the State of Texas in condemnation case involving the extension of the Grand Parkway (SH 99) through the 500-acre town center component of a 1400-acre master-planned community in Montgomery County
  • Favorable settlement as lead counsel against the State of Texas in highway widening case on US 290 (the Northwest Freeway) involving property improved with retail and industrial buildings
  • Favorable settlement as lead counsel against the State of Texas in highway widening case on US 290 (the Northwest Freeway) involving unimproved property with a retail/commercial highest and best use
  • Favorable settlement as lead counsel against the State of Texas in highway widening case on IH 45 South (the Gulf Freeway) involving property improved with restaurant pad sites retail shopping center
  • Favorable award as lead counsel against the State of Texas in highway widening case on IH 45 South (the Gulf Freeway) involving property improved with a restaurant and retail shopping center
  • Favorable settlement as lead counsel against the State of Texas in highway widening case on IH- 610/US 290 Interchange involving property improved with retail automotive service facility
  • Favorable award as lead counsel against the State of Texas in highway widening case on| IH-610/US 290 Interchange involving property improved with retail shopping center
  • Favorable jury verdict as lead counsel against the State of Texas for big box retailer in highway widening case in College Station, Texas
  • Favorable award as lead counsel against the State of Texas involving retail bank and office building in Pearland, Texas
  • Favorable jury verdict as lead counsel in highway widening case against the State of Texas involving multi-use retail property in Dallas, Texas
  • Favorable settlements as lead counsel in highway widening cases on IH-10 West (the Katy Freeway) against the State of Texas involving properties improved with a big box retailer and with an automotive retail store and repair center
  • Favorable awards and settlements as lead counsel in highway widening cases against the State of Texas involving properties improved with gas station/convenience stores in Houston, Lufkin, and Dallas
  • Favorable jury verdict as co-counsel in highway widening case against Harris County, Texas involving property improved with collision center in Houston, Texas
  • Favorable jury verdicts as co-counsel in highway widening cases on IH-10 West (the Katy Freeway) against the State of Texas involving properties improved with front-line retail space in a power center and a big box retailer in Houston, Texas

Other Matters

  • Favorable administrative awards as lead counsel against Permian Highway Pipeline LLC in takings involving large volume, high pressure natural gas line impacting properties in Central Texas
  • Favorable jury verdict as lead counsel against Harris County, Texas in taking for detention involving property assembled in urban area for townhome development
  • Favorable settlement in multiple regulatory takings cases against the City of Jersey Village, Texas relating to the attempted imposition of transit-oriented zoning ordinances
  • Favorable jury verdict as lead counsel against Harris County, Texas in roadway widening case involving property improved with midrise office building
  • Favorable settlement as lead counsel against the State of Texas in highway widening case for SH 249 involving the taking of a church building and parking
  • Favorable settlement as lead counsel against the State of Texas in highway widening case on US 290 (the Northwest Freeway) involving property improved with industrial pipe fitting, manufacturing, and storage facilities
  • Favorable settlement as lead counsel in highway widening case on IH-10 West (the Katy Freeway) against the State of Texas involving property improved with multi-family residential townhome development
  • Favorable jury verdicts and settlements as lead counsel in high-voltage electrical transmission line cases against CenterPoint Energy and the Lower Colorado River Authority involving rural acreage in Austin, Waller, Wharton, and Harris Counties
  • Favorable jury verdict as lead counsel in whole for flood control purposes against Harris County, Texas involving residential-use property in Houston, Texas
  • $9.5 million award in pipeline condemnation case, on an offer of $2.2 million. Favorable settlement followed order enjoining construction of pipeline by alleged common carrier.
  • City of Houston v. Commons at Lake Houston, Ltd., 2019 Tex. App. LEXIS 9083, 2019 WL 5158725 (Tex. App.—Houston (14th Dist.) Oct. 15, 2019)
  • In re San Jacinto River Authority, 2018 WL 4016956 (Tex. App.—Houston (14th Dist.) 2018, orig. proceeding)
  • In re J. Adams, LLC, 2016 WL 6809234 (Tex. App.—Beaumont 2016, orig. proceeding)
  • Farabi, Inc. v. Harris County, 2014 WL 3698451 (Tex. App.—Houston (14th Dist.) 2014, pet. denied)
  • City of Corpus Christi v. Scorpio Development, LLC, 2014 WL 1007880 (Tex. App.—Corpus Christi–Edinburg2014, no pet.)
  • In re ETC NGL Transport, LLC, 2012 WL 629347 (Tex. App.—Houston (14th Dist.) 2012)
  • In re Foster, 2012 WL 601150 (Tex. App.—Houston (1st Dist.) 2012)
  • In re ETC NGL Transport, LLC, 2011 WL 5314225 (Tex. App.—Houston (1st Dist.) 2011)
  • In re Southern Crushed Concrete, 2011 WL 3274268 (Tex. App.--Houston (14th Dist.) 2011)
  • PR Investments and Specialty Retailers, Inc. v. State, 251 S.W.3d 472 (Tex. 2008)
  • Eye Plus Vision, Inc. v. CBH Tract III, L.P., 2007 WL 3293732 (Tex. App.—Houston (1st Dist.) 2007)
  • State v. Beeson, 232 S.W.3d 265 (Tex. App.—Eastland 2007)
  • Motiva Enterprises, LLC v. McCrabb, 248 S.W.3d 211 (Tex. App.—Houston (1st Dist.) 2007, pet. denied)
  • State v. Target Corp., 194 S.W.3d 46 (Tex. App.—Waco 2006, pet. denied)
  • Harris County v. Inter Nos, Ltd., 199 S.W.3d 363 (Tex. App.—Houston (1st Dist.) 2006)
  • CenterPoint Energy Houston Elec., L.L.P. v. Old TJC Co., 177 S.W.3d 425 (Tex. App.--Houston (1st Dist.) 2005)
  • City of Houston v. Van De Mark, 83 S.W.3d 864 (Tex. App.—Texarkana 2002)
  • State v. Northborough Center, Inc., 987 S.W.2d 187 (Tex. App.—Houston (14th Dist.) 1999)

*Prior results do not guarantee a similar outcome.

  • Picking Fights: Inverse Condemnation, Regulatory Takings, and Challenging the Right to Take, CLE International Eminent Domain Super Conference, Austin, Texas, 2020
  • A River Runs Through It—Water Rights and Takings, ALI-CLE Eminent Domain and Land Valuation Litigation, Nashville, Tennessee, 2020
  • Texas Land Laws for Engineers and Surveyors (Eminent Domain and Condemnation Law), HalfMoon Education, Online Webinar, 2019
  • Run for the Border: Fence and Wall Condemnations, ALI-CLE Eminent Domain and Land Valuation Litigation, Palm Springs, California, 2019
  • The Larger Parcel and Just Compensation, CLE International Eminent Domain Super Conference, Austin, Texas, February 2012
  • The Exclusion of Experts in a Condemnation Case, CLE International Eminent Domain Super Conference, Austin, Texas, February 2010
  • Representing the Property Owner, CLE International Eminent Domain Super Conference, Austin, Texas, January 2009
  • Lessons (To Be) Learned from PR Investments and FKM Partnership, CLE International Eminent Domain Conference, Austin, Texas, February 2008
  • Protecting Private Property Rights After the Public Use Ship Has Sailed, Litigation Magazine, American Bar Association, Fall 2007
  • Listening and Matching, the Keys to Witness Examination, Proof Newsletter of the Section of Litigation’s Trial Evidence Committee, American Bar Association, Fall 2007
  • Hot Topics: The Project Influence Rule, CLE International Eminent Domain Conference, Austin, Texas, March 2007
  • Trial Tactics, CLE International Eminent Domain Conference, Austin, Texas, March 2006
  • Errors And Omissions In A Condemnation Case: Legal Malpractice Issues For Condemning Authority And Property Owner Representations, CLE International Eminent Domain Conference, Houston, Texas, October 2004
  • University of Texas School of Law, J.D. with honors, 1995 (Order of the Coif)
  • University of Texas, B.A. with honors, 1991 (Plan II)
Texas, 1995; U.S. Court of Appeals for the Fifth Circuit; U.S. District Courts for the Southern and Eastern Districts of Texas
  • Texas Member, Owners' Counsel of America
  • Member, The Counselors of Real Estate
  • Keeton Fellow, University of Texas School of Law
  • Fellow, Houston Bar Foundation, Texas Bar Foundation
  • Past President, Texas Association of Civil Trial and Appellate Specialists
  • Past Chair, Damages Subcommittee of the Condemnation, Zoning and Land Use Litigation Committee of the Section of Litigation of the American Bar Association
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