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Archive | Consequential Damages

October 19, 2023

THE PARTIAL TAKING

Condemning authorities do not always take an entire parcel in an eminent domain proceeding.  Indeed, in the Court of Claims, the majority of the appropriation claims are partial takings arising in the context of a highway project.  Partial takings may also occur in the context of takings for sewer lines, electrical transmission lines, or as is the subject of recent nationwide proposals, pipelines. As a general rule, the measure of damages in a partial-taking case is the difference between the fair market value of the whole property before the taking… read more

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Posted in Consequential Damages, Partial Takings, Severance Damages
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February 16, 2021

The “Big Beautiful Wall” and Its Ugly Damages

President Biden ordered a freeze on further wall construction and acquisitions until his administration can sort things out.  The Trump administration rushed through its fence wall building program by utilizing a section of the Real ID Act of 2005 that empowers the head of the Department of Homeland Security “to waive legal requirements” the Secretary “determines necessary to ensure expeditious construction of the barriers and roads” at the border.  That allowed the former administration to suspend 84 separate laws and regulations and proceed without considering the damage it was causing… read more

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Posted in Border Wall, Consequential Damages, Direct Damages, Partial Takings
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October 8, 2020

Texas Bullet Train Gains Federal Approval

The high-speed train that promises to transport passengers between Dallas and Houston in 90 minutes has been approved by the Federal Railroad Administration according to Texas Central Railroad, the company in charge of the project.   The U.S. Department of Transportation’s Federal Railroad Administration issued the two key rulings, which provide the regulatory framework and the environmental review for the high-speed train, that Texas official were waiting on to move forward with the project, according to the company.  The announcement was first reported by the Houston Chronicle.   Texas Central… read more

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Posted in Bullet Train, Consequential Damages, Uncategorized
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May 21, 2020

Texas Bullet Train Speeds Along

We have written before about the Texas Bullet Train. (The Saga of the Texas Bullet Train, March 9, 2020). The proposed train spans a large area in Texas. It will be able to transport riders from Houston to Dallas in 90 minutes. There is strong opposition to the railroad by property owners in areas in between the cities who fear their property will lose substantial value in partial takings for the track. This is a true “consequential damage” similar to having a high voltage power line in one’s backyard. The… read more

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Posted in Bullet Train, Consequential Damages, Severance Damages
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March 9, 2020

The Saga of the Texas Bullet Train

          The proposed Dallas to Houston bullet train spans a large area in Texas.  The train will be able to transport riders from Houston to Dallas in 90 minutes.  But the project is stalled pending approval of the Federal Railroad Administration and property owners fighting eminent domain.           According to an article in today’s “The Dallas Morning News,” the opposition arises in areas in between the cities.  Certainly, these property owners have nothing to be excited about.           Interesting is the concern voiced by many of their fear that people… read more

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Posted in Consequential Damages, Severance Damages, Texas Bullet Train, Uncategorized
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