Suing the government is hard. In fact, unlike suing anyone or anything else, suing the government is usually prevented outright by a handy little feature from the English common law called sovereign immunity. As Alexander Hamilton explained it, “[i]t is inherent in...
Texas Eminent Domain Law Blog
Condemnation’s Role in Houston’s (Continued) Westward Expansion
The first time I got pulled over was on the Grand Parkway in Katy. My crime? Running a stop sign. Yes, there used to be stop signs on the Grand Parkway. Much has changed on the Katy prairie in the 25 years since my first traffic stop. Acres and acres of rural farmland...
How fast will high-speed rail spread?
There are currently projects to build high-speed rail lines in Texas. These are going to create all sorts of new opportunities for travel, and they will hopefully reduce the dependency on cars and trucks. While trains and steam engines were instrumental in the...
TXDOT is Coming for a Road Near You, Now What? From Project Initiation to Offer
TXDOT maintains 79,000 miles of roads, more than any other state in the country. According to the 2020 United States Census, Texas added the most people of any state in the country from 2010-2020 with an increase to its population of 3,999,94. With data like that, it...
Is “just compensation” really enough?
Eminent domain laws allow the government to procure land that they need for certain projects. For instance, if a freeway is being expanded, they may have to take land that is owned by nearby small businesses, and they do have the legal right to do this when the...
McFarland PLLC Ranked in the 2022 Edition of “Best Law Firms” for Eminent Domain Law
The publishers of U.S. News & World Report and The Best Lawyers in America have included McFarland PLLC as a “Tier 1” firm in the 2022 “Best Law Firms” rankings for Eminent Domain and Condemnation Law for the Houston metropolitan area. Rankings are based on a...
Mark Merrell Speaks On Eminent Domain Law
Last week, partner Mark Merrell presented at HalfMoon Education Inc.'s “Texas Easements, Rights-of-Way, and Eminent Domain” conference. The all-day, multi-discipline conference was tailored to non-attorneys whose professions are impacted by eminent domain, including...
Will the Texas Central High-Speed Train affect your property?
High-speed railway projects are increasingly popular around the world. In many other countries, high-speed rail projects have already helped rural workers get reasonable access to better work and helped companies transport goods and materials quickly and affordably....
Marie Harlan Recognized As “Ones To Watch” In Eminent Domain And Condemnation Law
"McFarland PLLC condemnation attorney Marie Harlan has again received a 2022 Best Lawyers: Ones to Watch recognition for her work in Eminent Domain and Condemnation Law. Best Lawyers® lists are compiled based on an exhaustive peer-review evaluation. Lawyers are...
When condemnation affects churches or other nonprofits
A new church or congregation often starts because the previous faith community breaks into several groups or a new minister starts to develop a following. Nonprofit organizations often start when someone notices an unmet need in the community. Finding the right...