McFarland PLLC 2026-06-08T17:40:01Z https://www.mcfarlandpllc.com/feed/atom/ WordPress /wp-content/uploads/sites/1503983/2020/09/cropped-favicon-min-1-32x32.png by McFarland PLLC https://www.mcfarlandpllc.com/?p=53179 2026-06-08T17:40:01Z 2026-06-08T17:40:01Z

Chambers USA Guide for 2026 in the Real Estate: Zoning/Land Use category. McFarland is the only ranked firm in this category in Texas with fewer than 300 lawyers. In addition, firm attorneys Billy Coe Dyer and Charles McFarland are also ranked individually in this category. Chambers does not rank attorneys or firms specifically in McFarland’s core practice area of eminent domain and condemnation law. McFarland’s legal practice is dedicated entirely to eminent domain and condemnation litigation on behalf of landowners. Board certified in Civil Trial Law by the Texas Board of Legal Specialization, he has personally handled dozens of condemnation jury trials and hundreds of administrative hearings before special commissioners. McFarland has represented property owners across Texas in significant condemnation cases against the State, the Texas Department of Transportation (TxDOT), and numerous other local governmental agencies and public-use entities. He recently secured a Texas Supreme Court victory on behalf of The Commons of Lake Houston in a regulatory takings case. In addition to being the exclusive Texas member of Owners Counsel of America, McFarland holds the CRE designation of The Counselors of Real Estate^®. Widely recognized as an authority in the condemnation and eminent domain arenas, Dyer’s lengthy list of notable victories includes the largest jury verdict for a property owner in a condemnation case in Texas and representation of the landowner in State v. Interstate Northborough Partnership, the Texas Supreme Court case establishing a property owner’s right to recover proximity damages from an interstate highway project, which has been cited more than 300 times since the ruling. Dyer is also Board Certified in Civil Trial Law by the Texas Board of Legal Specialization, and, like McFarland, achieved this certification by trying condemnation cases. Chambers and Partners is a research and legal data provider that annually highlights the country’s top lawyers and law firms. Its professional researchers conduct extensive client interviews to make their selections. With offices in Austin, Dallas, and Houston, McFarland PLLC focuses exclusively on eminent domain and condemnation litigation on behalf of landowners, guiding clients through the appraisal, special commissioners’ hearings, negotiation and, if necessary, litigation phases of a taking. The firm helps owners of retail, commercial, industrial, and special-use properties maximize their recoveries when the government takes private property for public use, including highway, roadway, and other public infrastructure projects.]]> by McFarland PLLC https://www.mcfarlandpllc.com/?p=53169 2026-04-27T20:32:53Z 2026-04-27T20:32:53Z

McFarland, the firm’s founder, earned both his B.A. and J.D. from UT, as did his partner, Marie Harlan. Firm attorneys Tom Cooke and Billy Coe Dyer each received their J.D. from The University of Texas at Austin School of Law (Texas Law). With offices in Austin, Dallas, and Houston, McFarland PLLC focuses exclusively on Texas eminent domain and condemnation litigation on behalf of landowners, guiding clients through the appraisal, special commissioners’ hearings, negotiation and, if necessary, litigation phases of a taking. The firm helps owners of retail, commercial, industrial, and special-use properties maximize their recoveries when the government takes private property for public use, including highway, roadway, and other public infrastructure projects.]]> by McFarland PLLC https://www.mcfarlandpllc.com/?p=53097 2026-02-20T21:15:45Z 2026-02-20T21:15:45Z

Charles McFarland to the Board of Directors at its January 24 meeting. McFarland, who is the founder and managing partner of Texas eminent domain firm McFarland PLLC, begins his term immediately. “It is a great honor to join the Owners’ Counsel of America board,” said McFarland. “Having been a longtime member of OCA, I recognize the important role that the organization serves in helping to preserve the rights of landowners faced with takings by public entities. As the country’s infrastructure needs continue to grow, our members will be at the forefront of protecting those impacted landowners.” Membership in OCA is extended on an invitation-only basis and is restricted to one Primary member per state across the country. To be invited as a Primary member, prospective members must maintain an active eminent domain and property rights practice focused upon the representation of private owners and demonstrate outstanding professional achievement, a successful track record defending private property owners, and a devotion to the advancement and protection of private property rights. McFarland’s legal practice is dedicated entirely to eminent domain and condemnation litigation on behalf of landowners. Board certified in Civil Trial Law by the Texas Board of Legal Specialization, he has personally handled dozens of condemnation jury trials and hundreds of administrative hearings before special commissioners. McFarland has represented property owners across Texas in significant condemnation cases against the State, the Texas Department of Transportation, and numerous other local governmental agencies and public-use entities. He recently secured a Texas Supreme Court victory on behalf of a client in a regulatory-takings case. In addition to being the exclusive Texas member of OCA, McFarland holds the CRE designation of The Counselors of Real Estate^®. Recognized by Best Lawyers for 16 years running, he was named its Eminent Domain and Condemnation Law “Lawyer of the Year” in 2020. He has been recognized by Texas Super Lawyers for 15 consecutive years and was selected for inclusion on Texas Super Lawyers “Top 100 Houston Super Lawyers” from 2020 through 2026 and the “Top 100 Texas Super Lawyers” in 2026. About Owners’ Counsel of America Owners’ Counsel of America is a network of experienced eminent domain attorneys dedicated to defending the rights of private property owners across the country. OCA condemnation lawyers represent landowners against local and state governments, transportation departments, utilities, energy companies, redevelopment authorities, the Federal government, and any other agency that may be armed with the power of eminent domain (also known as “condemnation”). About McFarland PLLC McFarland PLLC focuses exclusively on eminent domain and condemnation litigation on behalf of landowners. The firm helps owners of retail, commercial, industrial, and special-use properties maximize recoveries when the government takes private property for public use. The firm’s lawyers are ranked annually in publications including Chambers, The Best Lawyers in America^®, and Super Lawyers.]]> by McFarland PLLC https://www.mcfarlandpllc.com/?p=53071 2026-01-26T21:32:16Z 2026-01-26T21:32:16Z

Charles McFarland recently penned an article for Bloomberg providing analysis of eminent domain and the public use doctrine in Texas. As Charles explains: Although Kelo v. City of New London wasn’t a landmark decision in a legal sense, it signified a tipping point. Before Kelo, eminent domain was a dark corner of the law. Kelo put a spotlight on it, and many were appalled to learn that the “public use” component of the Takings Clause provided barely more than nominal protection of private property rights. The backlash was immediate. More than 20 years later, Kelo’s reverberations are still being felt. Texas' commitment to public infrastructure may hang in the balance. You can read the full article, “Texas Public Use Doctrine’s Fate Will Be Settled in the Courts,” originally posted on January 21, 2026, on the Bloomberg website.]]> by McFarland PLLC https://www.mcfarlandpllc.com/?p=53069 2025-11-06T18:03:34Z 2025-11-06T18:03:34Z

recognized in Houston in Best Law Firms^® 2026 edition as a Regional Tier 1 firm in Houston for Eminent Domain and Condemnation Law, the firm’s sole practice area. This is the firm’s 11th consecutive year to be recognized by Best Lawyers^® in the annual publication. “The exclusive focus on eminent domain and condemnation matters allows our lawyers to immerse themselves in this practice area,” noted Charles McFarland, the firm’s managing partner. “The result of this immersion is a deeply knowledgeable and efficient resource for landowners facing the taking of private property for public use. This recognition is particularly meaningful in light of the extensive input Best Lawyers solicits from clients and our peers in the legal community.” The 16th edition of Best Law Firms, independently produced by Best Lawyers, is a trusted benchmark of legal excellence. This year’s results were compiled from more than 110,000 client references, 70,000 peer-lawyers surveyed, and almost 1,000 leadership interviews — reflecting the growing influence and importance of these rankings within the legal industry. The rankings are meticulously compiled based on a rigorous evaluation process that includes client feedback, peer reviews, industry leader interviews, and detailed analysis of law firm data. In addition to the Tier 1 ranking, several McFarland PLLC attorneys have been individually ranked on Best Lawyers^® lists, all in the Eminent Domain and Condemnation Law category. McFarland has been recognized every year since 2011 and Billy Coe Dyer, who is also routinely recognized, has twice been named “Lawyer of the Year” in Houston in the category of Eminent Domain and Condemnation Law (2017 and 2024). Partners Laura Manion and Mark Merrell are also recognized on the 2026 Best Lawyers list, and Clarissa Levingston was honored on Best Lawyers: One to Watch^®, her first appearance on the list.]]> by McFarland PLLC https://www.mcfarlandpllc.com/?p=53068 2025-10-17T23:25:09Z 2025-10-20T12:21:38Z

Thomas Cooke in its Houston office and Nick Victor in Dallas. “The addition of Tom and Nick reflects our long-term commitment to standing for our Texas landowner clients when the government takes private property for public use,” said Charles McFarland, the firm’s managing partner. “They are smart and talented lawyers, and we fully expect them to be next-generation leaders in Texas condemnation law.” Cooke practiced at a boutique litigation firm in Houston and was a law clerk for the Hon. Sim Lake with the U.S. Federal District Courts, Southern District. He earned his J.D., with honors, from The University of Texas, where he was associate editor of the Law Review and articles editor for the Texas Review of Law & Politics. Cooke graduated, magna cum laude, with a B.A. in history from Cornell College, where he won the nonprofit Constituting America’s “We the People 9.17” speech contest and was captain of the Mock Trial team. Victor’s background includes experience across a range of commercial and civil litigation matters with two Dallas-based law firms. He served as articles editor for the Science & Technology Law Review and earned his J.D., cum laude, from Southern Methodist University’s Dedman School of Law. He also holds a B.A. in political science from Yale University, where he played NCAA Division I basketball. About McFarland PLLC McFarland PLLC focuses exclusively on eminent domain and condemnation litigation on behalf of landowners. The firm helps owners of retail, commercial, industrial, and special-use properties maximize recoveries when the government takes private property for public use. The firm’s lawyers are ranked annually in publications including Chambers, The Best Lawyers in America^®, and Super Lawyers.]]> by McFarland PLLC https://www.mcfarlandpllc.com/?p=52958 2025-09-18T17:52:16Z 2025-09-18T17:52:16Z

Billy Coe Dyer, Marie Harlan, Laura Manion, Charles McFarland, Mark Merrell, and Dan Tobin—have been selected for inclusion in the 2025 Texas Super Lawyers list in the firm’s sole area of practice, Eminent Domain. Dyer and McFarland have been included 14 years running. While Manion, Merrell, and Tobin have been listed before, this is Harlan’s first appearance in Super Lawyers. McFarland is also listed in the Top 100 of Houston Super Lawyers for the sixth straight year. “I’m not saying I expected a clean sweep, but it’s a really good group of lawyers. They’re smart, and they work hard. When you combine this with the insight gained from seeing the impacts of hundreds of public projects, the result is a powerful tool for achieving the best possible outcomes for our landowner clients,” said McFarland. “Our exclusive focus on condemnation– and only condemnation–gives our lawyers the opportunity to stand out. I’m not surprised that they have.” About Super Lawyers Texas Super Lawyers is a Thomson Reuters rating service and publication that lists outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The objective of the selection process is to create a credible, comprehensive, and diverse listing of outstanding attorneys that may be used as a resource to assist in the search for legal counsel. About McFarland PLLC McFarland PLLC focuses exclusively on eminent domain and condemnation litigation on behalf of landowners. The firm helps owners of retail, commercial, industrial, and special-use properties maximize recoveries when the government takes private property for public use. In addition to Super Lawyers, McFarland, Dyer, Manion, and Merrell are recognized by The Best Lawyers in America 2026^© in Eminent Domain and Condemnation Law, and Clarissa Levingston is listed in Best Lawyers in America: Ones to Watch.]]> by McFarland PLLC https://www.mcfarlandpllc.com/?p=52953 2025-08-21T19:02:06Z 2025-08-21T18:57:34Z

The Best Lawyers in America^® 2026 Edition in the Eminent Domain and Condemnation Law category. Clarissa Levingston, an associate in her 4th year of practice, is honored among the Best Lawyers in America: Ones to Watch 2026 for Eminent Domain and Condemnation Law. First published in 1983, Best Lawyers is a highly regarded guide to legal excellence, compiled based on an exhaustive peer-review evaluation. With more than 184,000 industry-leading lawyers from around the world eligible to vote, Best Lawyers receives more than 26 million evaluations on the legal abilities of lawyers based on their specific practice areas. Lawyers are not required or allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honor. Recognized by Best Lawyers for 16 years running, McFarland has deep experience handling condemnation matters and has built a law firm and respected legal team focused on standing up for landowners. He has personally tried dozens of condemnation cases to jury and hundreds of administrative hearings before special commissioners. McFarland has represented property owners across Texas in significant condemnation cases against the State, the Texas Department of Transportation, and numerous other local governmental agencies and public-use entities. He recently secured a Texas Supreme Court victory on behalf of a client in a regulatory-takings case. Dyer is perennially ranked among Best Lawyers’ top eminent domain and condemnation law experts, including recognition as Best Lawyers’ “Lawyer of the Year” for Eminent Doman and Condemnation Law in Houston (2017 and 2024). Dyer’s notable victories include the largest jury verdict for a property owner in a condemnation case in Texas and landowner representation in Interstate Northborough, the Texas Supreme Court case establishing a property owner’s right to recover proximity damages from an interstate highway project – a ruling that has been cited over 300 times. Like her McFarland colleagues, Manion, who makes her Best Lawyers debut, is focused on representing property owners in a wide variety of acquisitions, including roadway widening projects, easement acquisitions, and fee takings of properties from vacant land to retail and special use buildings. She has also represented property owners pursuing regulatory takings and inverse condemnation claims where the government restricts use of the property without payment of just compensation. Merrell, who was listed in 2024 as well, exclusively practices eminent domain and condemnation law leveraging his insights gained while working on behalf of governmental and public-use entities in acquiring property and rights for large-scale infrastructure projects for property owners. He has handled hundreds of cases involving the full spectrum of public-use projects, from road widenings involving the Texas Department of Transportation to oil and gas pipeline takings and everything in between. Levingston joined McFarland in 2023 and transitioned her practice to focus on condemnation law after experience with a general litigation firm and several clerkships. She is admitted to practice in Texas, Oklahoma, and Alabama.]]> by McFarland PLLC https://www.mcfarlandpllc.com/?p=52948 2025-06-11T22:50:54Z 2025-06-11T22:50:54Z

Chambers USA, a renowned research and legal data provider that annually highlights the country’s top lawyers and law firms. This is McFarland’s first appearance in the prestigious Chambers USA Guide; the firm was previously recognized in the Chambers Spotlight Guide 2024 for Texas. In addition to the firmwide 2025 ranking, Billy Coe Dyer is ranked Band 3. “Chambers rankings are based on extensive research and considered a high mark of excellence in the legal industry. For the firm collectively and Billy individually to be recognized is a testament to the quality representation we offer through our firm’s deep immersion in the areas of eminent domain and condemnation. We try to do one thing and do it well,” said Charles McFarland, managing partner of McFarland PLLC. Chambers USA rankings are compiled through assessment of firms’ work and surveys of external market sources, emphasizing client feedback. Law firms and individual lawyers are ranked in bands from 1 (highest) to 6 (lowest). Rankings are assessed on qualities including technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by clients. Chambers and Partners’ professional researchers conduct extensive client interviews to make their selections. As noted by one Chambers interviewee: “The team is fully capable of handling any type of complex matter and has a great understanding of our business needs and strategy.” In speaking specifically about Dyer, another interviewee shared, “Billy is a strong litigator, not only for his skills in the courtroom but for his hard and thoughtful work in preparation.” With offices in Austin, Dallas, and Houston, McFarland PLLC focuses exclusively on eminent domain and condemnation litigation on behalf of landowners, guiding clients through the appraisal, special commissioners’ hearings, negotiation and, if necessary, litigation phases of a taking. The firm helps owners of retail, commercial, industrial, and special-use properties maximize their recoveries when the government takes private property for public use, including highway, roadway, and other public infrastructure projects.]]> by Mark Merrell https://www.mcfarlandpllc.com/?p=52942 2025-05-29T17:50:22Z 2025-05-29T17:50:22Z

without actually acquiring it. The government’s varied strategies to curtail the impacts of catastrophic weather have taken both forms of private property regulation. For example, following Hurricane Harvey, numerous condemnation projects both big and small have sprung up throughout the greater Houston area to counteract widespread flooding. We have seen acquisition projects to add needed capacity to existing bayous and creeks, as well as isolated projects creating entirely new drainage systems to prevent localized flooding. Even the federal government has gotten involved. With the aid of federal dollars, Harris County Flood Control District oversaw massive acquisition projects in flood-prone areas. The projects identified properties that had suffered multiple floodings and proactively acquired the properties—either through voluntary acquisition (under the threat of condemnation) or by initiating condemnation proceedings to take the properties. The project resulted in the relocation of countless individuals out of these flood-prone areas. These types of property acquisition projects designed to limit the effects of weather events are not going away. A Google search of “Entergy Texas Projects,” for example, brings up a litany of upcoming transmission line projects. According to Entergy, these projects are designed to “address reliability” issues throughout the state and “strengthen the power grid”—in the hopes that the state can avoid the blackouts that threatened to bring the state to its knees over the past few years. While the issues involved in these types of eminent domain acquisition projects can be complex and the emotions they engender high, there is at least one bright side: in a statutory condemnation case, the government’s liability is established. There is no dispute that the government has a constitutional obligation to pay just compensation for taking the property at issue. The dispute is usually over how much it has to pay. A more difficult, nuanced, and tenuous analysis occurs when the government uses its legislative authority to regulate private property without physically taking it. When this occurs, the uncertainty arises as to what point the regulation rises to the level of a regulatory taking. In other words: how far is too far? The Texas Supreme Court recently weighed into this discussion in a decision styled The Commons at Lake Houston v. City of Houston, No. 23-0474 (Mar. 21, 2025). The case involved the City of Houston’s amended floodplain ordinance enacted in response to Hurricane Harvey. Among other things, the ordinance extended the regulated floodplain from the 100-year floodplain to the 500-year floodplain and mandated that all foundation slabs be constructed to an elevation at least two feet above the 500-year floodplain, which was previously unregulated. The developer owned and was in the process of developing a 3,300-acre residential community near Lake Houston that was no longer possible under the amended ordinance. He filed an inverse condemnation action against the city claiming, among other things, that the ordinance rendered over 550 lots undevelopable, resulting in millions of dollars in damages. As is standard in regulatory takings cases, the city filed a plea to the jurisdiction seeking dismissal of the case. As its primary argument, the city claimed that the ordinance constituted a valid exercise of the city’s police powers and, as such, could not rise to the level of a taking. The trial court denied the plea. The First Court of Appeals reversed, holding that the plaintiff failed to assert a valid takings claim since the ordinance was a valid exercise of the city’s police power. The Supreme Court disagreed. Noting that the Court has “long rejected the notion that the government’s duty to pay for taking property rights is excused by labeling the taking as an exercise of police powers,” the Court remanded the case to the trial court for additional proceedings to determine whether the ordinance’s impact constitutes a taking under the Court’s established jurisprudence. The Commons litigation is a stark example of the wide spectrum of options available to governments to respond to the impact of devastating weather changes. With the stroke of a pen, the government can dramatically alter the character of private property—without paying a dime to those impacted. The case also highlights the uncertainty faced by landowners as they deal with onerous legislation. Amidst that uncertainty, two things are clear: Texas weather will continue to wreak havoc on our state, and our public institutions will continue passing legislation to counteract these impacts, necessarily affecting private property rights. As a society, we need the government to use its powers to address matters of the “common good” in a way that only it can. This includes being proactive to curtail the devastating impacts threatened by changing weather patterns. At the same time, public benefits should not be borne on the backs of private property owners. It is incumbent upon lawyers representing property owners to serve as a check on that government authority and ensure that governmental efforts to protect the common good comply with the obligations imposed by the Texas Constitution. The original article published on Texas Lawyer can be found here (subscription required). Reprinted with permission from the May 23, 2025 issue of Texas Lawyer. ©2025 ALM Media Properties, LLC. 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