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Tarrant County jury rejects landowner's multi-million dollar damage claim in eminent domain proceeding. On Friday, February 13, 2009, a Tarrant County jury returned a verdict in what is believed to be the first Barnett-Shale related eminent domain proceeding tried to a jury in Tarrant County. The case involved the condemnation of an easement across a landowner's property for the construction of a 36-inch high-pressure natural gas pipeline.
Energy Transfer Fuel, LP, a gas utility, condemned a 50-foot-wide easement across an approximately 1,200-acre tract of land owned by Chapel Hill Venture, L.L.L.P. located just east of Eagle Mountain Lake near the intersection of Bonds Ranch Road and Business Highway 287. Chapel Hill sought approximately $5.6 million in compensation for claimed impairment of its future development of a multi-use planned development.
Beginning Monday, February 9, 2009, a jury comprised of five women and one man heard the case in the County Court at Law No. 1 in Tarrant County, under Judge R. Brent Keis. The only issue decided by the jury was the value of the 10.91-acre easement taken through the power of eminent domain, and the amount of damages, if any, caused to the remainder of the tract by the taking and use of the easement.
The amount of damages was hotly contested at trial. Energy Transfer's appraisal expert testified that the mere presence of the 50-foot-wide easement and gas pipeline did not adversely affect the amount a willing buyer would pay for the 1,195-acre tract of land. But the expert said that only a small portion of the tract was damaged due to the unusual shape of that particular land in relation to the location of the easement. Chapel Hill's appraisal expert testified that the property was damaged in the amount of $5.3 million due to the adverse impact to the planned development. The jury returned a verdict of $891,378.00.
Wade Emmert, Scott Doggett, and Edwin "Sandy" Meador, partners in the Dallas office of Burford & Ryburn, L.L.P. represented Energy Transfer. They said that the jury listened carefully to the testimony and evidence presented and determined that the verdict provided adequate compensation to the landowner.
Energy Transfer Fuel, LP is an intrastate gas utility holding permits issued by the Railroad Commission of Texas to operate gas pipeline systems throughout Texas.
Burford & Ryburn, L.L.P. is a law firm with offices in Fort Worth and Dallas. Attorneys with the firm have represented both condemning authorities and landowners in eminent domain proceedings for many decades. The firm celebrated its 100th anniversary in 2007 and was the first law firm recipient of the Texas Treasure Business Award presented by the Texas Historical Commission for exceptional historical contributions toward the economic growth and prosperity of Texas.
Tarrant County jury rejects landowner's multi-million dollar damage claim in eminent domain proceeding.
February 01, 2010Tarrant County jury rejects landowner's multi-million dollar damage claim in eminent domain proceeding. On Friday, February 13, 2009, a Tarrant County jury returned a verdict in what is believed to be the first Barnett-Shale related eminent domain proceeding tried to a jury in Tarrant County. The case involved the condemnation of an easement across a landowner's property for the construction of a 36-inch high-pressure natural gas pipeline.
Energy Transfer Fuel, LP, a gas utility, condemned a 50-foot-wide easement across an approximately 1,200-acre tract of land owned by Chapel Hill Venture, L.L.L.P. located just east of Eagle Mountain Lake near the intersection of Bonds Ranch Road and Business Highway 287. Chapel Hill sought approximately $5.6 million in compensation for claimed impairment of its future development of a multi-use planned development.
Beginning Monday, February 9, 2009, a jury comprised of five women and one man heard the case in the County Court at Law No. 1 in Tarrant County, under Judge R. Brent Keis. The only issue decided by the jury was the value of the 10.91-acre easement taken through the power of eminent domain, and the amount of damages, if any, caused to the remainder of the tract by the taking and use of the easement.
The amount of damages was hotly contested at trial. Energy Transfer's appraisal expert testified that the mere presence of the 50-foot-wide easement and gas pipeline did not adversely affect the amount a willing buyer would pay for the 1,195-acre tract of land. But the expert said that only a small portion of the tract was damaged due to the unusual shape of that particular land in relation to the location of the easement. Chapel Hill's appraisal expert testified that the property was damaged in the amount of $5.3 million due to the adverse impact to the planned development. The jury returned a verdict of $891,378.00.
Wade Emmert, Scott Doggett, and Edwin "Sandy" Meador, partners in the Dallas office of Burford & Ryburn, L.L.P. represented Energy Transfer. They said that the jury listened carefully to the testimony and evidence presented and determined that the verdict provided adequate compensation to the landowner.
Energy Transfer Fuel, LP is an intrastate gas utility holding permits issued by the Railroad Commission of Texas to operate gas pipeline systems throughout Texas.
Burford & Ryburn, L.L.P. is a law firm with offices in Fort Worth and Dallas. Attorneys with the firm have represented both condemning authorities and landowners in eminent domain proceedings for many decades. The firm celebrated its 100th anniversary in 2007 and was the first law firm recipient of the Texas Treasure Business Award presented by the Texas Historical Commission for exceptional historical contributions toward the economic growth and prosperity of Texas.