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Private Property Condemnation: Regional Mall Partial Taking

V&E condemnation lawyers in Houston, Texas, represented the owners of a regional mall in connection with the State’s plans to condemn the property and seize it for the expansion of a highway interchange adjacent to the mall.

V&E represented both the primary anchor as well as the entity that owned the balance of the mall. With the State’s announcement of its plans to expand the interchange, and its intent to take over 80% of the anchor’s parking, the owner of the anchor property elected not to reopen after it was forced to close in September 2008 following Hurricane Ike. When the decision was made to not reopen as a result of the State’s planned taking, the remainder of the mall was severely impacted. Accordingly, it was not just the anchor improvements that lost value as a result of the taking — the argument was that all of the mall’s improvements lost their value. The case resulted in a favorable settlement for the property owner.

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.