Private Property Condemnation: Partial Taking of Commercial Reserves for the Grand Parkway Parcels 208 and 220
V&E condemnation lawyers in Houston, Texas, represented a limited partnership in connection with the State’s taking of approximately 22 acres from a 68 acre commercial reserve (Parcel 208) and the taking of approximately 9 acres from a separate 20 acre commercial reserve (Parcel 220), both of which were on the north side of a master planned community in northwest Houston.
The State had announced its project many years before it actually moved to condemn any property, the effect of which was to blight development in the immediate area of the planned project. As a result, V&E successfully argued for application of the project influence rule, which provides that in valuing the whole property in a condemnation lawsuit, the valuation must be made as if there were no project and reflect instead the value under the circumstances that would have existed but for the project. V&E also argued that the State’s taking diminished the utility of the remainder of the Parcel 208 property, changing its highest and best use, and decreasing its value. The consolidated case was tried to a jury, after which the jury returned a favorable verdict for the property owner. The Houston First Court of Appeals affirmed the Trial Court’s judgment in late 2018 and the State has filed a petition for review with the Supreme Court.
This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.