Marrs Ellis & Hodge LLP

Latest from Marrs Ellis & Hodge LLP - Page 2

Image Courtesy of Travel Notes. Though the prolonged government shutdown failed to produce the funding necessary to construct the entire border wall, a pre-existing allocation of $1.6 billion will fund 33-miles of border barrier, with a portion of the barrier built in Texas. Construction of the partial border barrier will be split between Federal and private lands. The pre-construction efforts of the Texas portion have given rise to an unusual opponent, the National Butterfly Center.…
Image Courtesy of PLH Group Advances in hydraulic fracturing, known more commonly as fracking, have given rise to a domestic energy revolution with global economic and geopolitical impact. As has been widely reported, the US has become a major exporter of oil for the first time in decades. Indeed, the US is now the world’s top producer, with a national production of just under 12 million barrels per day, an increase of 2 million barrels…
Road construction in California. Photo courtesy of the Sacramento Bee. As we know, the private property rights in the United States, though extensive, are not absolute. Using the power of eminent domain, the government can forcibly seize private property for public purposes, if they provide the Constitutionally mandated compensation. Going a little deeper, it’s important to mention that there are three main sub-types of eminent domain. These are physical takings, regulatory takings, and inverse condemnation.…
Image of the Lorax, the titular character in Dr. Seuss “The Lorax,” first published 1971. The 4th U.S. Circuit Court of Appeals recently revoked Dominion Energy’s (“Dominion”) permit to construct its Atlantic Coast Pipeline project. The proposed project would begin in West Virginia and cross Virginia and North Carolina. The project would’ve required the deforestation of a 125-foot wide easement through the national forests, the excavation of a pipeline trench, and the explosive reshaping of mountain…
Photo Courtesy of PolitiFact.com Residents of Silverlake, a subdivision of Pearland, are rightfully outraged at CenterPoint Energy for a construction project that will impose high-voltage electrical towers on their previously clear skyline. CenterPoint’s project will span for 3-miles and is part of a 14-mile transmission project that will result in a string of immense steel electrical towers stretching from Pearland to Friendswood. Homeowners were attracted to the area not only by quality schools, but also…
Courtesy of Houston Business Journal. In response to landowner requests, a handful of Texas politicians are looking for ways to increase the State’s control over Texas Central’s planned Houston to Dallas high-speed rail project (“HSR”). These landowners, who own property in the path of the proposed train, are motivated primarily by their concerns that Texas Central will use the power of eminent domain power to seize their land. They also hope that an increase in…
Eminent domain jitters are beginning to affect the residents of southeast Texas who are apprehensive about the government’s proposed Coastal Spine project. The Coastal Spine, also referred to as the Coastal Barrier, is a proposed system of sea gates and levees that will span 71 miles in length according to the most recent designs. The system would begin on the high ground north of High Island and will span the entire length of the Bolivar…
Image of group protesting Transcontinental’s Atlantic Sunrise pipeline near the Conestoga River. Photo credit to Wallace McKelvey with Penn Live. In Transcontinental Gas Pipe Line Company, LLC v. Permanent Easements for 2.14 Acres in Conestoga Township, Lancaster County, Pennsylvania (“Transcontinental”), the Federal Court for the Third Circuit held that courts have the ability to grant possessory injunctions to condemning authorities once the substantive right to possession is established. Put simply, once the court says the…
Conceptual Rendering of Proposed Northwest Mall Terminal in Houston, Texas. Courtesy of Texas Central. Despite persistent controversy, Texas Central Partners LLC (“Texas Central”) continues development of its high-speed railway between Dallas and Houston. Although construction has not formally begun, the administrative ramp up that precedes major infrastructure projects like this one has already ruffled some feathers. For those unfamiliar with the project, Texas Central plans to connect the two metropolitan areas with a 240-mile high-speed…