Charles B. McFarland

Rated By Super Lawyers
Super Lawyers Top 100 Houston

Biography

Charles McFarland is the founding member of the Texas law firm of McFarland PLLC. He is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization and achieved this certification by trying condemnation cases. Charles has tried dozens of condemnation jury trials and handled several hundred administrative hearings before special commissioners. He has represented property owners across Texas in significant condemnations against the Texas Department of Transportation and various other local agencies.

Charles has been recognized as an expert in real estate valuation matters and has published several articles and lectures, both in Texas and nationally, on eminent domain and real estate valuation issues. 

Charles is the Past President and a current Board Member of the Texas Association of Civil Trial and Appellate Specialists, established in 1986 to promote the availability, accessibility and quality of the services of civil trial and appellate lawyers to the public. He is a lifetime fellow of both the Texas Bar Foundation and the Houston Bar Foundation, dedicated to providing legal representation to the indigent, promote community understanding of our legal system and foster the administration of justice. He is a Keeton Fellow to the University of Texas School of Law. He is also the Past Chair of the Damages Subcommittee of the Condemnation, Zoning and Land Use Litigation Committee of the Section of Litigation for the American Bar Association.

Charles 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 speaker and panelist on the topic of Condemnation and Eminent Domain Law and has been a contributing author to the American Bar Association, the American Law Institute, and other publications. 

Education

  • The University of Texas School of Law, Austin, Texas
    • J.D. With Honors - 1995
    • Honors: Order of the Coif
  • University of Texas, Austin, Texas
    • B.A. With Honors - 1991

Bar Admission

  • Texas, 1995
  • U.S. Court of Appeals 5th Circuit
  • U.S. District Court Southern District of Texas
  • U.S. District Court Eastern District of Texas

Published Works

  • The TXDOT Funding Crisis, V&E Condemnation and Land Use E-Lert, January, 2008
  • Ten Questions to Ask Before Hiring a Condemnation Attorney, V&E Condemnation and Land Use E-Lert, December, 2007
  • Protecting Private Property Rights After the Public Use Ship Has Sailed, Litigation Magazine, American Bar Association, Fall, 2007
  • TXDOT's Draft Schematic Drawings Now Available Online, V&E Condemnation and Land Use E-Lert, August, 2007
  • The Public Hearing on TXDOT's Draft Environmental Impact Statement, V&E Condemnation and Land Use E-Lert, July, 2007
  • Property Owners Contacted for Surveying, V&E Condemnation and Land Use E-Lert, June, 2007
  • U.S. 290 Corridor Project Pushed Back Again, V&E Condemnation and Land Use E-Lert, December, 2006
  • Design Schematic for U.S. 290 Corridor Project Over 80 Percent Complete, V&E Condemnation and Land Use E-Lert, May, 2006

Reported Condemnation Cases

  • In re Permian Highway Pipeline LLC, 2020 Tex. App. LEXIS 8821 (Tex. App.—Edinburg 2020, n.w.h.)
  • City of Houston v. Commons at Lake Houston, Ltd., 587 S.W.3d 494 (Tex.App.—Houston [14th Dist.] 2019)
  • San Jacinto River Auth. v. Paxton, 2019 Tex. App. LEXIS 7430 (Tex.App.—Austin 2019)
  • 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 State, 2018 Tex. App. LEXIS 10714 (Tex.App.—Houston [14th Dist.] 2018)
  • In re State, 2018 Tex. App. LEXIS 8505 (Tex.App.—Houston [14th Dist.] 2018)
  • In re San Jacinto River Auth., 2018 Tex. App. LEXIS 6712 (Tex.App.—Houston [14th Dist.] 2018)
  • In re Vaught Invs., Ltd., 2018 Tex. App. LEXIS 1599 (Tex.App.—Beaumont 2018)
  • In re Vaught Invs., Ltd., 2017 Tex. App. LEXIS 8950 (Tex.App. —Beaumont 2017)
  • In re Adams, LLC, 2016 Tex. App. LEXIS 12352 (Tex.App. —Beaumont 2016)
  • City of Beaumont v. Target Corp., 2016 Tex. App. LEXIS 9360 (Tex.App.—Beaumont 2016)
  • State v. Titan Land Dev. Inc., 468 S.W.3d 705 (Tex.App.—Houston [1st Dist.] 2015)
  • City of Corpus Christi v. Scorpio Development, LLC, 2014 WL 1007880 (Tex. App.—Corpus Christi–Edinburg 2014, no pet.)
  • Farabi, Inc. v. Harris County, 2014 Tex. App. LEXIS 8004 (Tex.App.—Houston [14th Dist.] 2014)
  • Farabi, Inc. v. Harris County, 2014 WL 3698451 (Tex. App.—Houston (14th Dist.) 2014, pet. denied)
  • In re ETC NGL Transp., LLC, 2012 Tex. App. LEXIS 1508 (Tex.App.—Houston [14th Dist.] 2012)
  • In re Foster, 2012 WL 601150 (Tex. App.—Houston (1st Dist.) 2012)
  • In re S. Crushed Concrete, 2011 Tex. App. LEXIS 5981 (Tex.App.—Houston [14th Dist.] 2011)
  • ETC NGL Transp., LLC v. Occidental Chem. Corp., 2011 Tex. Dist. LEXIS 13864
  • ETC NGL Transp. LLC v. Occidental Chem. Corp., 2011 Tex. Dist. LEXIS 13869
  • PR Investments and Specialty Retailers, Inc. v. State, 251 S.W.3d 472 (Tex. 2008)
  • PR Invs. & 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 Enters., LLC v. McCrabb, 248 S.W.3d 211 (Tex.App---Houston [1st Dist.] 2007)
  • State v. Target Corp., 194 S.W.3d 46 (Tex.App.—Waco 2006)
  • 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 Ctr., Inc., 987 S.W.2d 187 (Tex.App.—Houston [14th Dist.] 1999)

Pro-Bono Activities

  • Houston Bar Foundation
  • Member, The Counselors of Real Estate
  • Past President, Texas Association of Civil Trial and Appellate Specialists

Honors

  • CRE, The Counselors of Real Estate
  • Keeton Fellow, University of Texas School of Law
  • Fellow, Texas Bar Foundation
  • Fellow, Houston Bar Foundation
  • Best Lawyers in America, Eminent Domain and Condemnation Law, 2011-2021 (2020 Lawyer of the Year)
  • Texas Super Lawyers, Eminent Domain, Thomson Reuters, published in Texas Monthly, 2012-2021
  • AV Preeminent Rating, Martindale-Hubbell

Classes & Seminars

  • 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
  • Hot Topics: The Project Influence Rule, CLE International Eminent Domain Conference, Austin, Texas, March 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
  • 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
  • Proximity Damages - From Carpenter to Schmidt and Back Again: The Interstate Northborough Case, International Right of Way Association's Eminent Domain Seminar, 2002
  • The Separate Economic Unit: Smaller or Larger than the Whole?, International Right of Way Association's Eminent Domain Conference, 2000

Past Positions

  • Vinson & Elkins LLP

Professional Associations

  • Texas Member, Owners’ Counsel of America
  • Senior Advisory Partner, Greater Houston Partnership
  • American Bar Association, Past Chair, Damages Subcommittee of the Condemnation, Zoning and Land Use Litigation Committee of the Section of Litigation
  • Member, The Counselors of Real Estate (CRE)
  • 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, Texas Bar Foundation
  • Fellow, Houston Bar Foundation