Attorneys
Luke Ellis
partner
Luke Ellis represents property owners when private property is taken by the government and other condemning authorities. Texas Super Lawyers by Thomson Reuters has recognized Luke as a top Texas eminent domain and condemnation trial lawyer (2024, 2023, 2022, 2021, 2020, 2019, 2018, 2017, 2016, and 2015). Austin Monthly recognized Luke as one of the city’s top attorneys for eminent domain (2024, 2023, 2022, 2021, 2020, and 2019). He teaches the course on eminent domain and land takings at the University of Texas School of Law (2016-present)and has testified before the Texas Legislature to promote eminent domain reform.
Luke is a trial lawyer with experience—having led trial teams and conducted voir dires, opening arguments, witness examinations, and closing arguments. In addition to his trial work, Luke has personally handled countless special commissioners’ hearings and contested hearings. Luke has obtained successful results in complex condemnation and eminent domain cases across major metropolitan areas of Texas, including greater Houston, Austin, Dallas, Fort Worth, San Antonio, El Paso, Rio Grande Valley (McAllen/Brownsville/Harlingen), Waco, and Wichita Falls. Luke has offices in Austin and Houston (by appointment only).
Luke is an honors graduate of both the University of Texas and the University of Texas School of Law, where he was a member of the Texas Law Review. Following graduation, he served as a law clerk on the Texas Supreme Court. He is admitted to practice in Texas, New York, and the U.S. District Courts for the Southern, Northern, Western, and Eastern Districts of Texas.
Luke is committed to defending property owners’ constitutional rights in condemnation matters. Additional communities where Luke has defended property owners against land takings include Addison, Baytown, Bastrop, Bellmead, Belton, Bruceville-Eddy, Brenham, Bryan, Burton, Cleburne, College Station, Corpus Christi, Cotulla, Denton, Decatur, Georgetown, Elm Mott, Fredericksburg, Hewitt, Hillsboro, Hutto, Lampasas, Leander, Mansfield, McKinney, Mount Pleasant, McKinney, New Braunfels, Pflugerville, Richland Hills, Round Rock, Robinson, San Marcos, Seguin, Shenandoah, Taylor, and Tyler, Texas. Luke has appeared in condemnation and eminent domain lawsuits in Bastrop County, Bell County, Bexar County, Brazoria County, Cameron County, Collin County, Comanche County, Dallas County, Denton County, Ellis County, El Paso County, Erath County, Freestone County, Hays County, Hidalgo County, Gillespie County, Grayson County, Guadalupe County, Grimes County, Harris County, Hill County, La Salle County, Lampasas County, Leon County, Kerr County, Mills County, Montague County, Montgomery County, McLennan County, Nueces County, Tarrant County, Travis County, Van Zandt County, Wise County, Wood County, and Williamson County.
Luke has actively contributed to his community during his years as a lawyer. He currently serves on the board of directors for Austin Park Foundation (APF). APF enhances people’s lives by making Austin’s public parks, trails and green spaces better through volunteerism, advocacy, and financial support. He served on the board of directors for Austin Habitat for Humanity for seven years (2006-2012) and served two terms as board president. He participated in a post-tsunami home building project in Sri Lanka with Habitat for Humanity International and is a founding member, former chair, and advisory board member of Austin Habitat Young Professionals. He previously served as a co-chair and guest lecturer for the People’s Law School, an annual Austin Bar Association event designed to teach people about their legal rights. A 2007 graduate of Leadership Austin, Luke served on the advisory committee for the first ever Leadership Austin Emerge class. Luke is the author of the Austin Chronicle’s “The Common Law,” an informational monthly column about everyday legal issues, and for five years he hosted News8Austin’s weekly television news segment of the same name.
Luke grew up in Houston. He was lucky enough to meet his wife Peni while volunteering for Habitat for Humanity. Peni and Luke live in Austin with their four children and are active in the Austin community.
Contact
Awards
Mr. Ellis has received several awards recognizing both his exceptional abilities as an eminent domain lawyer and his substantial contributions to the community.
- Texas Super Lawyers by Thomson Reuters – Condemnation and Eminent Domain (2024, 2023, 2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015)
- The Best Lawyers in America (2024, 2023, 2022, 2021, 2020, 2019)
- Austin Monthly- Austin’s Top Eminent Domain Lawyers (2024, 2023, 2022, 2021, 2020, 2019)
- Texas Super Lawyers – “Rising Star” by Thomson Reuters – Condemnation and Eminent Domain (2014, 2013, 2012, 2010, 2009, 2008)
- Austin’s Outstanding Young Lawyer – Austin Bar Association (2009)
- Austin Under 40 Award Winner by Austin Under 40 – Legal Category (2008)
- Austin United Way’s 2007 Young Professional of the Year
Education
- B.A., Political Science, University of Texas at Austin, 1997 (with honors)
- J.D., University of Texas School of Law, 2002 (with honors, Texas Law Review)
Representative Matters
Favorable jury verdict as lead counsel in pipeline easement condemnation case in Johnson County, Texas. Obtained jury verdict approximately 20 times greater than the pipeline company’s offer. The private, for-profit pipeline company took a 2.9445-acre easement from land owned by family-held limited partnership. The land had existing pipeline easements and a mineral lease. The pipeline company offered $79,979 as just compensation. The property owner argued for $1,630,000 in just compensation. The jury awarded $1,630,000 in total compensation. The pipeline company appealed the jury verdict. The parties reached a settlement while the case was pending on appeal that resulted in $616,943.47 net recovery to the client. The major issues in the case were the property’s highest and best use and the damages to the remaining land outside the pipeline easement.
Favorable jury verdict as lead counsel in high-voltage electric power line easement condemnation case in Wichita County, Texas. Obtained final judgment approximately 8 times greater than the power line company’s initial offer. Oncor Electric Delivery Company, L.P. took a 33.65-acre easement for construction of a 345kV high-voltage power line. Oncor originally offered $54,731 as just compensation. The property owner, with Luke as lead counsel, argued for $393,165 in just compensation. The jury awarded $393,165 in total compensation. After interest was included this resulted in a final judgment of $445,365 which includes $101,921.92 in attorneys’ fees and $1,589.06 in firm expenses. The major issues in the case were the tract’s highest and best use and the damages to the remaining land outside the power line easement. Oncor did not file an appeal.
Favorable settlement against the State of Texas (TxDOT) as lead counsel in condemnation case involving the expansion of IH-35 through an industrial use property in McLennan County.
Favorable result against the State of Texas and Hays County as lead counsel in condemnation case involving proposed expansion of FM 1626 through a special use property. The government agreed to withdraw the proposed taking, and the landowner retained valuable property rights.
Favorable settlements for multiple landowners as lead counsel against high voltage electric power companies such as Lower Colorado River Authority (LCRA), CenterPoint Energy, Oncor Electric Delivery, Lone Star Transmission, Pedernales Electric Cooperative (PEC), South Texas Electric Coop (STEC) (Lampasas, Guadalupe, Collin, Comal, Denton, Williamson, Mills, Comanche, Erath, Johnson, Wise, Wichita, Bell, La Salle Counties).
Favorable settlement against the State of Texas (TxDOT) as lead counsel in condemnation case involving the expansion of IH-35 through a nationally-branded hotel in Dallas County.
Favorable settlement against the State of Texas (TxDOT) as lead counsel in condemnation case involving the expansion of US 290 through a major big-box retail complex in Harris County.
Favorable settlement against numerous pipeline companies as lead counsel in condemnation cases in Greater Houston (Harris and Chambers Counties) for pipeline easement corridor takings.
Favorable settlements as lead counsel for property owners against numerous pipeline companies in Greater Dallas-Fort Worth (Tarrant, Johnson, Ellis, Denton, Wise, Van Zandt Counties) for pipeline easement takings.
Favorable settlement against the State of Texas (TxDOT) as lead counsel in condemnation case involving the expansion of IH-35 through a convenience store and gas-station property in McLennan County.
Favorable settlement against the State of Texas (TxDOT) as lead counsel in condemnation case involving the expansion of IH-35 through a nationally-branded fast food restaurant in Bell County.
Favorable settlement against the State of Texas in condemnation case involving the new construction for SH-45-SE tollway project in Travis County, Texas.
Favorable settlement against Williamson County in condemnation case involving the new Ronald Reagan Boulevard construction through an existing limestone quarry.
Favorable settlements for multiple landowners in Travis County facing water and wastewater pipeline easement acquisitions.
Publications and Presentations
- University of Texas School of Law – “Eminent Domain and Condemnation” – Adjunct Professor (2024; 2023; 2022; 2021; 2020; 2019; 2018; 2017; 2016)
- “The Presidential Election, Texas Infrastructure and Private Property Rights,” co-authored with Justin Hodge, Texas Lawyer, October 30, 2020
- Advanced Oil Gas and Energy Resources Law Course 2020, “Eminent Domain from the Landowner’s Perspective”, September 24, 2020 (Virtual Event)
- “Protecting property owners’ rights among RM 620 condemnations,” Lake Travis View- Austin American Statesman, September 1, 2020
- 3rd Annual Eminent Domain Houston Conference, August 6, 2020 (Virtual Event)
- 2020 State Bar of Texas Annual Meeting, “Eminent Domain and Texas: The Tension between Demographic Growth, Infrastructure Projects, and Protecting Private Property Rights”, June 25, 2020 (Virtual Event)
- Texas Land Conservation Conference, “Conservation Easements and Eminent Domain”, February 28, 2020 (Austin, Texas)
- Central Texas Private Property Rights Coalition (CTPPRC) Meeting, “Overview of Current Eminent Domain Laws in Texas, and Legislative Session Updates”, October 9, 2019 (Fredericksburg, Texas)
- IRWA Seminar on Texas Eminent Domain Legislative Reform Efforts, September 6, 2019 (San Marcos, Texas)
- Beef & Cattle Short Course Presentation on Texas Eminent Domain: Practices and Procedure, August 6, 2019 (College Station, Texas)
- “Eminent Domain & Condemnation: Valuation Issues for Shopping Center, Retail, and Commercial Use Properties” – International Council of Shopping Centers (ICSC), October 27, 2017
- “The Border Wall and Federal Eminent Domain Power”, Presentation to Laredo Bar Association, October 20, 2017
- “Inverse Condemnation Claims Against Army Corp of Engineers/U.S. Government Due to Intentional Release of Hurricane Harvey Floodwaters” – Town Hall Meeting, October 4, 2017 (Houston, Texas)
- “Texas Eminent Domain & Condemnation: Strategies and Solutions for Property Owners” – hosted by the Texas Land Conservancy and Texas A&M Agrilife Extension, September 29, 2017 (Fort Worth, Texas)
- “Inverse Condemnation Claims Against Army Corp of Engineers/U.S. Government Due to Intentional Release of Hurricane Harvey Floodwaters” – Town Hall Meeting, September 13, 2017 (Houston, Texas)
- “Commercial Real Estate and Texas Condemnation: Legislative Reform Efforts” – Austin Commercial Real Estate Society (ACRES), September 13, 2017 (Austin, Texas)
- “Texas Eminent Domain Legislative Reform – Summary of 2017 Legislative Session” – International Right of Way Association (IRWA), September 8, 2017 (San Marcos, Texas)
- “Texas Eminent Domain and Condemnation – Roadways, Pipeline & Utility Easement Conference” – hosted by the Williamson/Milam County Texas A&M Agrilife Extension Office, September 7, 2017 (Georgetown, Texas)
- “Recent Developments in Texas Eminent Domain and Condemnation Law” – Texas Agricultural Law Conference, May 25, 2017 (Lubbock, Texas)
- “Texas Eminent Domain & Condemnation” – Texas and Southwestern Cattle Raisers Association Annual Conference, April 1, 2017 (San Antonio, Texas)
- “Evaluating Risk in Highway Condemnation Takings — the Little Elm case” — Texas Condemnation & Eminent Domain Super Conference, February 9, 2017 (Austin, Texas)
- “Texas Condemnation of Commercial / Retail Properties: Legislative Reform Initiatives”– Central Texas International Right of Way Association (IRWA), November 7, 2016 (Austin, Texas)
- “Texas Eminent Domain Legislative Reform Initiatives” – Town Hall hosted by Texas and Southwestern Cattle Raisers Association, November 15, 2016 (Bastrop, Texas)
- “Texas Eminent Domain Legislative Reform Initiatives” – Texas and Southwestern Cattle Raisers Association Public Policy Conference, September 29, 2016 (Austin, Texas)
- “High-Speed Rail & Centerpoint Power Line – Right to Take and Valuation Challenges in a Texas Eminent Domain Case,” hosted by the Waller County Advocacy Group, February 27, 2016
- “Eminent Domain – High-Speed Rail & Centerpoint Power Line,” hosted by the Waller County Advocacy Group, January 13, 2016
- “Property Owner and Land Rights Conference,” College Station, May 9, 2015
- “Texas Pipeline Easement Condemnations – Issues to Consider,” PUG Permian Basin Oil & Gas Conference, Fort Worth, May 19, 2015
- Texas Legislature — Testimony In Support of S.B. 474 (March 9, 2015) Find testimony for SB 474 here. (Testimony on SB 474 begins at the 19:45 minute mark)
- “Texas Condemnation: Problems and Solutions from the Property Owner’s Perspective,” 13th Annual Policy Orientation for Texas Legislature, Austin, January 8, 2015
- “STEC Electric Powerlines—The Fundamentals of Eminent Domain,” Town Hall Meeting, Cotulla, January 7, 2015
- “Rio Grande Valley—The Fundamentals of Eminent Domain,” McAllen, January 6, 2015
- “TRWD Water Pipelines and Eminent Domain,” Mansfield, December 16, 2014
- “High Voltage Power Lines and Eminent Domain from the Landowner’s Perspective,” Hill Country Alliance Workshop, Fredericksburg, September 6, 2014
- “Legal Issues for Texas Civil Engineers – Eminent Domain and Condemnation,” Austin Civil Engineers Presentation, August 13, 2014
- “The Fundamentals of Eminent Domain,” Hidalgo County Bar Association Meeting, July 2, 2014
- “Property Rights and Eminent Domain,” Hood County Bar Association Meeting, Granbury, May 23, 2014
- “Property Rights and Eminent Domain,” Somervell County Meeting, Glen Rose, May 24, 2014
- “Land Ownership as a Keystone Right: Five issues in Condemnations for Pipeline Easements,” co-presented with Justin Hodge, Dallas Bar Association Luncheon, Dallas, June 18, 2013
- “Landownership as a Keystone Right: Eminent domain and easements,” San Antonio Bar Association-Natural Resources Section Luncheon, San Antonio, January 9, 2014
- “Texas Condemnation the Good and The Bad: From the Landowner’s Perspective,” 12th Annual Policy Orientation for Texas Legislature, Austin, January 9, 2014
- “Landownership as a Keystone Right: Five Issues in Condemnations for Pipeline Easements,” co-authored with Justin Hodge, 39th Annual Ernest E. Smith Oil, Gas and Mineral Law Conference, Houston, March 2013
- “Eminent Domain 101—The Nuts and Bolts of How the Condemnation Process Works,” Flick Commercial Real Estate Report, Sept.–Oct. 2007
- Lecturer, CLE International – Texas Eminent Domain Conference (2007 & 2008)
Quotes
WOAI NBC News – San Antonio
May 24, 2021
Attorney Luke Ellis, who focuses on representing Texas property owners in eminent domain disputes, explained the state of Texas has always had inherent power to take from a private landowner to benefit the community.
“What has happened over the course of many decades is the government’s given their power to condemn; this inherent power the government has to take private land to a bunch of other entities,” Ellis said.
In some cases, those entities include non-profit and private companies.
Read more: “Landowners threatened with eminent domain; may be forced to sell their home”
KUT 90.5, Austin’s NPR Station – Austin
May 23, 2022
Ellis says even if the city can use eminent domain, it may have unintended consequences.
“If the city could simply condemn its way out of any contract that they no longer believe is suitable or advantageous to the city, the net effect of that is private enterprise is going to have zero interest in doing any business with the city,” he said.
Read more: “ABIA attempts ‘unusual’ use of eminent domain to force out South Terminal operator”
ABC News
April 20, 2021
After running for office vowing not to build “another foot” of Donald Trump’s wall, President Joe Biden signed an order on Inauguration Day ending the national emergency at the border and launching a 60-day review of the project, pausing all construction and calling for a plan to redirect unspent funds.
“The 60-day window has come and gone,” said Luke Ellis, a Texas attorney representing border landowners in court. “The most recent update we have from the lawyers for the government … is that they still don’t know what is going to happen.”
Regardless of what Biden decides to do with the wall, Ellis, the Texas attorney representing landowners in court, anticipated that it would take “quite a while” for his administration to disentangle itself from Trump’s wall.
“It’s not as easy as the government saying we’re picking up stakes, we’re done,” he said. “There will still be more litigation over some of the negative consequences of what they’ve done to property owners.”
Read more: “After pledging not to build up Trump’s border wall, Biden’s intentions remain unclear”
Motherboard – VICE
January 22, 2020
“My clients don’t want the pipeline at all. Unfortunately, the way the eminent domain process works, often we’re left to fight about the dollars.”
Read more: “Oil Companies Are Building Pipelines Wherever They Want in Texas”
Texas Lawyer
February 28, 2019
For the most part, it’s too early for lawyers to see a stampede of South Texas landowners knocking on their doors for counsel on eminent domain issues related to Trump’s emergency declaration. But Austin lawyer Luke Ellis said that time may come soon.
On Feb. 21, he said, a representative of the U.S. Army Corps of Engineers called one of Ellis’ clients, who owns land in Hidalgo County, seeking permission to access the property for surveying. The property reaches to the Rio Grande, the border between the U.S. and Mexico.
“That’s the first step,” said Ellis, a partner in Marrs Ellis & Hodge in Austin.
Lawyers such as Ellis who do eminent domain and condemnation work in South Texas said many other South Texas landowners are anticipating contact from the government, and they are already reaching out to lawyers.
“There’s certainly a lot of angst and anticipation related to the border wall project. … Our phone is starting to ring,” Ellis said. “I don’t think the cases are ripe right at this moment, but I do think there will be a lot of litigation over the federal government’s attempt to take this land.”
Read more: “As Trump Pursues Wall, South Texas Lawyers Ready for Eminent Domain Battles”
Texas Public Radio
January 28, 2019
“One of the first questions we always get from a property owner is: ‘How in the world can a private, for-profit pipeline company take my land?’” says Luke Ellis, a lawyer representing landowners, including Sansom, in their negotiations with Kinder Morgan.
He says all a company has to do to claim the right to take land is fill out a form and file it with the Railroad Commission of Texas, the state’s strangely named oil and gas regulator
“You and I could form an LLC tomorrow and we could start to submit a T-4 permit to the Railroad Commission saying that our LLC wants to build a private, for-profit pipeline company,” Ellis says. “There’s virtually no oversight there.”
Read more: “Central Texas Pipeline Reignites Fight Over Land Rights”
San Antonio Express-News – San Antonio, Texas:
January 6, 2018
Luke Ellis, an Austin-based attorney specializing in eminent domain issues, represents landowners potentially impacted by Kinder Morgan’s Permian Highway Pipeline.
Because a pipeline easement is permanent, he said, “the property owner gets one chance to get this right, and by get this right, I mean get the best easement terms possible and get the highest amount of just compensation possible.”
“The framework that’s been created both by the Texas Legislature and Texas courts makes it very difficult to win a challenge that would stop the pipeline company entirely,” he said. Kinder Morgan has chosen this route because, despite going through some rapidly expanding areas like Hays County, he added, it’s the most direct path to the pipeline’s endpoint.
Read more: “Landowners in Hill Country prepare for pipeline battle”
Houston Chronicle – Houston, Texas:
April 4, 2018
Luke Ellis, an Austin eminent domain lawyer who represents landowners, said the public interest question surrounding exports provides an opening to challenge land takings in court and is almost certainly on the minds of pipeline executives. He cited one company that was running a natural gas pipeline from West Texas to Mexico, but added a spur to bring natural gas service to the tiny Texas border town of Presidio for the first time — a move Ellis said appeared aimed to avoid the question of which public, Mexican or American, was served by the project.
“If we can show that gas that comes out of the Permian Basin and goes into the pipeline and is processed into LNG and then gets shipped out overseas with no use by the public and no intention to do it any differently, I think there is a legitimate public use challenge,” Ellis said. “I’d love to take it on.”
Read more: Are pipeline land takings in the public interest if oil, gas headed overseas?
Times Record News – Wichita Falls, Texas:
February 18, 2015
After a three-day trial in Wichita County Court at Law No. 1, jurors awarded Edward Clack $393,165, the full amount he requested. Judge Gary Butler entered a judgment of $445,365, which includes [$101,921.92 in attorneys’ fees and $1,589.06 in expenses]. Oncor may appeal.
“This judgment sends a clear message, Texas landowners should understand that they have a constitutional right to collect fair damages when power lines lower the value of their land. Landowners only get one opportunity to recover, but the easements remain forever,” said Austin-based eminent domain attorney Luke Ellis in a news release.
Read more: “Texas Landowner Wins $445,000 Judgment Against Power Company for Lost Property Value.”
Star-Telegram — Fort Worth, Texas:
August 12, 2014
Luke Ellis, an Austin attorney who focuses on representing property owners in eminent domain cases, said operators refuse to show in court why their pipelines should be common carriers, claiming it is proprietary information.
Getting that information can be difficult.
“There needs to be more meat on the bone to prove common carrier status,” Ellis said. “There isn’t any routing process that exists. … They can just pick the way they want.”
Brady and Ellis suggest that a system similar to that used by the Texas Public Utility Commission for locating power lines might be warranted.
Everyone affected by a power line location is notified and has a chance to talk about it. Hearings are held before anything happens. The PUC has used this process for years, they said.
Cannon, however, said there is nothing to keep a landowner from going to the courthouse.
“The rule does not change the landowners’ right to take this to District Court, if they want to,” Cannon said.
Ellis said that is true. But though he persuaded a Johnson County jury this year to order a pipeline operator to pay $1.6 million for an easement to cross property in Mansfield — 20 times more than the company offered originally — that case started in 2007 and appeals may take two more years, he said.
In the meantime, the pipeline was built and buried.
Read more: “New Rules Proposed on Eminent Domain Process for New Pipelines.”
STOP THE PIPELINE:
July 22, 2014
“This verdict sends a strong message that pipeline easements often cause significant damages to property beyond the easement area,” says Austin-based eminent domain attorney Luke Ellis of Johns Marrs Ellis & Hodge LLP, who represented the family partnership at trial. “Unfortunately, many Texas landowners don’t realize that they have a constitutional right to seek just compensation for such damages.”
Read more: “Texas Court Finds that Pipelines do Devalue Land, and Awards Family Damages”
KGNS — LAREDO, TEXAS:
June 18, 2014
Luke Ellis, who represented the Johnson County landowner in its case against Peregrine, said, “I think that juries are becoming much more sensitive to the potential negative impacts that pipeline easements can cause to property.”
Read more: “Pipeline Companies Paying More to Cross Private Land.”
HOUSTON CHRONICLE — HOUSTON, TEXAS:
May 22, 2014
Disputes between pipeline companies wanting to pay the lowest possible price and landowners demanding the maximum possible remuneration have led to a booming business for Luke Ellis and other attorneys who [work] in eminent domain cases. Ellis says too many landowners don’t get compensated for the damages to the adjacent property they own, which could lose value by having a pipeline nearby.
“We’re seeing a much larger number of pipeline acquisition and takings cases, and we’re certainly seeing a lot more landowners becoming more knowledgeable about what their rights might be,” Ellis said. “The typical impediment to getting a case resolved is a drastically different view of how the pipeline damages the remaining property.”
Ellis said cases typically go to trial before a county court-of-law jury. Both sides present evidence for why their valuation is the best.
Read more: “Pipeline Companies Should Pay for Full Value of Easements
STAR-TELEGRAM — FORT WORTH, TEXAS:
May 20, 2014
“One of the big issues was determining how much land does the landowner own and its value,” Ellis said. The case was eventually settled.
Those kinds of challenges would certainly come into play in a battle with the bureau.
“I would tell folks to be patient, but if it appears the federal government is going forward to assert claims, I would tell folks they need to hire a lawyer,” Ellis said.
If the agency moves forward with its assertion that this has always been public land, Ellis said, title searches would probably have to be conducted all the way back to the Louisiana Purchase in 1803. Landowners would be wise to pool resources for a costly legal battle, some suggest.
“You’ve got to win on two fronts,” Ellis said. “On a takings claim, you’ve got to prove an ownership right to this property. And if you win on that front, you’ve got to prove what your damages are.”
Read more: “Red River Ranchers Fear Losing Land to Feds.”
TEXAS A&M AGRICULTURE LAW BLOG — COLLEGE STATION, TEXAS:
April 20, 2014
This case is important for all landowners because it indicates that when property is taken for an easement, the compensation due must consider not only the value of the strip of property taken, but also includes monetary impacts on the remaining land.
Luke Ellis, attorney for the landowners, explained that although this case did not involve agricultural land, the same issue can arise when dealing with condemnation of farms or ranches. Specifically, all landowners should seek compensation not only for the taking of the easement itself, but for adverse impacts that will have on the remaining property including the loss of the right to exclude others from coming and going on private property, the loss of development potential, and any onerous terms that are imposed on the landowner by the easement agreement.
Read more: “Important Victory for Texas Landowners in Eminent Domain Case.“
POWELL SHALE DIGEST — FORT WORTH, TEXAS:
April 1, 2014
According to a statement issued by Eagle Ford’s attorney, Austin lawyer Luke Ellis, “this verdict sends a strong message that pipeline easements often cause significant damages to property beyond the easement area.” Ellis said, “many Texas landowners don’t realize that they have a constitutional right to seek just compensation for such damages.” Peregrine plans to appeal, according to a statement from Ellis’ firm.
Read more: “Jury Awards Landowner Damages for Pipeline Easement Land Devaluation.”
CLEBURNE TIMES REVIEW — CLEBURNE, TEXAS:
March 27, 2014
Under the terms of the agreement, “not one shovel full of dirt” can be turned in the easement area without receiving approval from Peregrine, Ellis said.
That and other factors decrease the overall value of the property, which fronts a major roadway and is zoned commercial, attorneys for the family argued.
Anyone wanting to purchase and develop the property faces additional costs in several ways because of the restrictions placed on the land by Peregrine, Ellis said, including building parking lots and bringing in utilities necessary to commercially develop the property.
Ellis said his firm is representing another Johnson County landowner in a similar case also against Peregrine, which will also be heard in County Court at Law No. 2. That case involves land close to the Eagle Ford Land parcel, but not sitting on a main thoroughfare.
Read more: “Landowners Awarded Damages in Pipeline Case.”
SPECTRABUSTERS — BLOG:
March 26, 2014
“This verdict sends a strong message that pipeline easements often cause significant damages to property beyond the easement area,” says Austin-based eminent domain attorney Luke Ellis of Johns Marrs Ellis & Hodge LLP, who represented the family partnership at trial. “Unfortunately, many Texas landowners don’t realize that they have a constitutional right to seek just compensation for such damages.”
Read more: “Pipelines, Property Values, and Insurance.”
THE HARBINGER — BLOG:
March 24, 2014
Ellis said, “This verdict sends a strong message that pipeline easements often cause significant damages to property beyond the easement area.” He said two other recent Texas cases have upheld similar claims.
Read more: “Pipeline Easements Cause Significant Damage to Property.”
STAR-TELEGRAM — FORT WORTH, TEXAS:
March 24, 2014
Ellis said, “This verdict sends a strong message that pipeline easements often cause significant damages to property beyond the easement area.” He said two other recent Texas cases have upheld similar claims.
Read more: “Jurors Reach Their Verdict and Award Damages.”
THE BUSINESS JOURNALS — CLEBURNE, TEXAS:
March 24, 2014
“This verdict sends a strong message that pipeline easements often cause significant damages to property beyond the easement area,” says Austin-based eminent domain attorney Luke Ellis of Johns Marrs Ellis & Hodge LLP, who represented the family partnership at trial. “Unfortunately, many Texas landowners don’t realize that they have a constitutional right to seek just compensation for such damages.”
Read more: “Click to Read More About How Much Texas Landowners Won Against Pipeline Company Over Lower Property Value.”