Tag: condemnation

US 281 Blanco Relief Route

~ Luke Ellis ~ Leave a comment

The Texas Department of Transportation is currently developing preliminary plans to improve 19 miles of highway in Blanco County.  Blanco County borders Kendall County, Comal County, and Hays County.  As the population in Blanco County and its surrounding areas continues to boom, the volume of traffic has increased.  TxDOT has initiated a study investigating highway expansion to provide traffic and mobility relief along US 281.  The Austin District is also conducting a US 281 Feasibility Study in conjunction with the Relief Route study.

The proposed segment stretches from US 290 to FM 306 and includes the US 281/US 290 interchange.  TxDOT maintains that the primary purpose for this project is to enhance highway connectivity and minimize roadway accidents due to high traffic volumes.  The project is currently in the environmental and evaluation phase, working through potential routes including a “no build” option.

TxDOT developed four options and left these options open to the public for comment through April 9, 2024.  All potential routes are directed west of US Highway 281 away from Downtown Blanco and onto the surrounding land.  

Blanco area residents are concerned that the expansion of the highway could affect the historic, small-town feel the city provides.  TxDOT has held public hearings to address the public’s concerns as well as exhibit the various proposed routes. 

The environmental study component of the project will conclude in 2025.  TxDOT will initiate Right of Way acquisitions over the course of the next few years.  Impacted property owners have a constitutional right to be paid just compensation if their land is taken. 

Celina FM 455 Project

~ Luke Ellis ~ Leave a comment

The Texas Department of Transportation (TxDOT) is widening Collin County’s Farm-to-Market Road 455 in a proposed expansion from Dallas Parkway to Shady Brook Lane.  Because the population in Celina, TX has increased by over 26.6% since the year 2000, TxDOT seeks to relieve traffic congestion and inefficient roadways.

The recommended alternative route for the existing FM 455 is 9.2 miles in length and estimated to cost $129 million.  TxDOT seeks to acquire 65 acres, including a total of 81 parcels with 6 residential displacements as the potential result of this project.  The new roadway expansion will be split into two phases: an interim 4-lane roadway as the first installation, and the construction of the 6-lane roadway will conclude the project.  The proposed ROW will vary between 120 ft – 150 ft.  TxDOT will construct turn lanes at intersections and side streets.  The new lanes will be between 11 and 12 feet.

TxDOT states that it opted for a proposed alternative FM 455 route because expanding the existing ROW does not offer flexible expansion prospects and would condemn a larger volume of properties than that of the new route.  TxDOT completed its feasibility study in summer 2024.  TxDOT’s next steps are determined by the schematic and environmental project phase, where TxDOT will likely also determine the new ROW.

Loop 9 Project

~ Luke Ellis ~ Leave a comment

The Texas Department of Transportation (TxDOT) is expanding its road infrastructure from east-west US 67 to I-20 in southern Dallas County, northern Ellis County, and part of Kaufman County. This project is known as Loop 9 with an estimated cost of $297 million. Population growth and economic development in the area encouraged TxDOT to conduct feasibility studies that determined the need for road improvements. The Loop 9 project has been divided into three segments – Segment A, Segment B, and Segment C.   

The proposed Segment A project is approximately 9.4 miles in length bounded from US 67 to I-35E. The project will include an eastbound and westbound 3 lane frontage road, a mainline roadway, and a median that would accommodate the future construction of the mainline roadway. Segment A will be built in three phases. TxDOT is proposing to acquire 597 acres of new right-of-way for Segment A.  This includes 56 residential displacements, 3 commercial displacements, and 1 municipal displacement. Construction is to be determined as funding becomes available.

TxDOT began construction on Segment B in January 2022. The project is bounded from I-35E to I-45 and is approximately 12.1 miles in length. TxDOT has acquired all right of way. This segment is being built in four phases. Phase 1 will require approximately three years to construct and is expected to be open to traffic in 2025. The construction of the rest of the phases will be constructed as traffic and funding is available.

Lastly, the proposed Segment C will begin from I-45 and end at I-20. This would be the last segment to be built and is currently inactive.

Update: I-35 Capital Express Central Project

~ Luke Ellis ~ Leave a comment

The Texas Department of Transportation (TxDOT) selected Modified Alternative 3 as the preferred alternative on August 21, 2023. This design reduced the number of residential displacements to 26 and business displacements to 69. Modified Alternative 3 will remove the upper decks and adds deck plazas that will allow for other infrastructure and amenities to be built on top. TxDOT is working with the City of Austin and the University of Texas to add this local enhancement and help with funding.

TxDOT has begun filing condemnation lawsuits to take land from property owners impacted by this project. However, there are still some landowners who have not received their initial offer, final offer, or TxDOT’s appraisal. If the final offer is not accepted, the condemnor TxDOT will file their lawsuit which is the first step in the litigation process. If TxDOT continues at this pace, the first phase of construction could begin mid 2024 as stated on its website. Property owners impacted by TxDOT’s I-35 Central Project may reach out to Marrs Ellis & Hodge for an evaluation of their initial or final offer at no cost.

I-35 Widening in Central Austin

~ Luke Ellis ~ Leave a comment

The Texas Department of Transportation (TxDOT) is widening 8 miles of Interstate 35 (I-35) through central Austin from US 290 East to SH 71 / Ben White Boulevard  in a planned project called I-35 Express Central.  According to TxDOT, the project will require 41.7 acres of new right-of-way.

Many of the TxDOT takings will be total in nature (i.e.: TxDOT takes the entire tract of land).  TxDOT reports that the project will result in 107 total displacements, including 69 businesses and 26 residences.  Other takings will be partial, which means TxDOT will take some, but not all, of the property.  Partial takings often damage the value of the remaining land not taken.  

TxDOT has started to issue initial offer letters on certain priority properties. TxDOT will issue more initial offers to other property owners in the coming months. Property owners only get one opportunity to recover the constitutional just compensation owed for the taking. 

If you own property along I-35 that will be impacted by TxDOT’s taking, let the lawyers at Marrs Ellis and Hodge put their experience to work for you.  Contact our Austin office for a free consultation and to learn more about your case, including a courtesy evaluation of any offer you have received.     

FM 646 in Galveston County

~ Luke Ellis ~ Leave a comment

The Texas Department of Transportation (TxDOT) is proposing design modifications and additional right-of-way (ROW) needs along FM 464 from Edmund Way to FM 3436 in Galveston County. The proposed project includes accommodating storm water detention ponds and improving access roadways at the proposed overpass at the railroad crossing.  According to TxDOT’s project page, approximately 20 acres of proposed right-of-way (ROW) will be acquired across the project’s total length of 4.4 miles.  TxDOT hosted a public meeting that was posted as a pre-recorded presentation on Thursday, February 15, 2022. According to that meeting, the next steps would be to update and finalize the environmental studies, design and ROW acquisition.

Widening I-20 in Harrison County 

~ Luke Ellis ~ Leave a comment

The Texas Department of Transportation (TxDOT) is proposing to widen I-20 in the cities of Hallsville and Marshall from FM 450 to SH 43 (CSJ: 0495-08-109). The project improvements would expand the existing two lanes to three 12-ft lanes in each direction, add one-way frontage roads between FM 450 and FM 3251, and include other mobility improvements. The improvements will run across 10 miles, and require 57 acres of new right of way. Currently, complete funding for the project has not been identified so TxDOT is planning to construct the project in phases. In February, TxDOT conducted an in-person and online public meeting in which they claimed that right of way acquisition is expected to occur from 2023-2026.  According to the project’s development and predicted timeline, the first phase of construction should begin in 2026.

Loop 9 in Dallas and Ellis Counties

~ Luke Ellis ~ Leave a comment

The Texas Department of Transportation (TxDOT), through a project known as the Loop 9 Segment A project (CSJ: 2964-10-006), has plans to create a direct east west link between US 67 and IH 35E through Dallas and Ellis counties. The ultimate plan for the project is the construction of a six-lane new frontage road system across the projects 9.4 miles in length. The new location frontage road system would include an eastbound and westbound frontage road facility, each consisting of three 12-foot lanes, an 8-foot inside shoulder, and an 8-foot outside shoulder for bicycle accommodations within the rural section of the proposed roadway, all of which would require new right-of-way (ROW). However after consideration of the limited funding, TxDOT has split the project into two phases; phase 1 would construct a single two-lane, two-way frontage road, and phase 2 would construct the other side of the paired frontage road (if and when funding becomes available).

In March 2022, TxDOT conducted two in-person meetings and one virtual meeting to obtain public opinion and feedback. Currently, there are 4 schematic alternatives as well as 4 modification alternatives. Use the following link to access the project’s interactive map (https://maps.bgeinc.com/Loop9/). According to the timeline they provided, the next steps would be to finalize their environmental impact study by the end of 2023. Right-of-way acquisition is set to begin promptly after that study is complete and approved.

New 138 kV High Voltage Transmission Line in Caldwell and Gonzales County

~ Luke Ellis ~ Leave a comment

Guadalupe Valley Electric Cooperative, Inc. (GVEC), an electric utility company in Gonzales, Texas, plans to construct a 138 kilovolt (kV) transmission line in Caldwell County and Gonzales County, Texas known as the Delhi-to-Bluestem 138-kV Transmission Line Project.  In May 2020, GVEC filed an application the Public Utility Commission for an amendment to its Certificate of Convenience and Necessity (CCN) requesting approval for this project. In July 2020, the Commission administrative judge found the application sufficient. The project’s right-of-way would be 80 ft. wide, and stretch 13 miles in length starting from Wolf Run Road in Caldwell County to County Road 437 in Gonzales County. According to the timeline provided in GVEC’s approved PUC application, right-of-way acquisition is underway, and construction is on track to begin sometime later this year.

I-35 Improvements in Austin

~ Luke Ellis ~ Leave a comment

The Texas Department of Transportation (TxDOT) of Austin will be making improvements to 28 miles of Interstate 35 from SH 45 North to SH 45 southeast though an on-going project known as the I-35 Capital Express Program. It is made up of three stand-alone projects – North, Central and South. The Central project is on a later time frame, while the North and South projects are generally ahead, and on the same timeline.

The North I-35 project’s improvements include, but are not limited to, adding one non-tolled high-occupancy vehicle managed lane in each direction (from SH 45 North to US 290 East), reconstructing bridges, and adding a diverging diamond interchange. TxDOT says that the project will require an additional 17 acres of new right-of-way (ROW), and will displace 5 commercial properties. Offer letters are currently underway and construction is expected to begin sometime this year. Similarly, the South I-35 project’s improvements include, but are not limited to, adding two non-tolled high occupancy vehicle managed lanes in each direction (from SH 71/Ben White Boulevard to SH 45 Southeast), reconstructing bridges, and adding pedestrian and bicycle paths. For the South project, TxDOT says an additional 13 acres of new ROW will be required. Final designs are out, and offers letter are currently being sent to affected landowners. Construction is anticipated to begin in 2022.