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Eminent Domain and widening Hwy. 105

2,077 Views | 13 Replies | Last: 5 mo ago by etmydst
vmiaptetr
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AG
I have some family members that got a notice in the mail about how the widening of Hwy 105 is going to affect their property. It essentially puts the highway right at their front door. TxDot is paying for the land, but not the house.

For anyone with experience, is it possible to get TxDoT to purchase the house along with the land through arbitration?

I think we all knew the widening would eventually happen, having a major highway sitting that close to one's front door is unsettling. I would assume it decreases the value of the home as well.
Stupe
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I would recommend contacting Hunter Shurtleff first and see if he handles that type of stuff. If he doesn't, he'll be able to tell you where to start.
rsa
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Cully Lipsey has a solid background in real estate law and would be a good go to for assistance.
BQ_90
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Post on pit doors board. Many posters on there have dealt with similar issues
ElephantRider
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Find an attorney with specific experience dealing with ROW eminent domain.
davido
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Barron, Adler, Clough & Oddo seems to be the 800# gorilla in that space. Good luck.
TommyBrady
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Any house within 310 feet of centerline is a huge headache and most of the the time its much easier to buy the land the house is on and get rid of the problem.
vmiaptetr
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It's less than 310 ft. now. The proposed new location probably puts it less than 30 ft. from their front door. It's like having a super short driveway in a neighborhood.

I can't imagine having highway noise that close to my house. Seems kind of dangerous too.
PS3D
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Some of those houses along 105 between Highway 6 and CR 314 are REALLY close to the road.

I know traffic has increased, I know they built 249 connecting to it, and I know that it's not in the early 2000s...but something about putting new fast food restaurants on that side of Highway 6 breaks my heart. I suppose widening comes soon after.
woodiewood
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rsa said:

Cully Lipsey has a solid background in real estate law and would be a good go to for assistance.
Cully's been dealing in reat estate issues for at least 25 years if not much longer. He would be a good resource.

He is also the contract realtor for the BCS Aoociation of Realors here so they have confidence in his knowledge.
woodiewood
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PS3D said:

Some of those houses along 105 between Highway 6 and CR 314 are REALLY close to the road.

I know traffic has increased, I know they built 249 connecting to it, and I know that it's not in the early 2000s...but something about putting new fast food restaurants on that side of Highway 6 breaks my heart. I suppose widening comes soon after.
After they widening 105 from 249 to Nav, I suspect that eventually they will either put asingle lane overpass in both directions (249 design) over the 105/hwy 6 intersection or bypass pass on the east side around it. It's a very busy intersection.

Red Pear Luke (BCS)
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rsa said:

Cully Lipsey has a solid background in real estate law and would be a good go to for assistance.


Culls Lipsey is absolutely a great resource!
JMac03
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vmiaptetr said:

It's less than 310 ft. now. The proposed new location probably puts it less than 30 ft. from their front door. It's like having a super short driveway in a neighborhood.

I can't imagine having highway noise that close to my house. Seems kind of dangerous too.

This is insane to me and no way I would live there. I'm one of those "if a car can easily run into my house" type person, I won't do it. That really sucks and I hope it gets worked out.
etmydst
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It shows the first public meeting for the project will be held on Sept. 19. I doubt you're anywhere close timewise to the eminent domain step - if that step is even needed at all.

https://www.txdot.gov/projects/projects-studies/bryan/sh105-widening.html
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