The Texas Department of Transportation sues at least a dozen property owners along the Interstate 35 highway who are refusing to relinquish their properties amidst state plans to expand the highway. Approximately 100 homes and properties received notification that they were being displaced to accommodate the expansion over a year ago. Since, many have refused to leave their homes and businesses, leading to the state agency filing lawsuits against these owners. Many of the owners have banded together against the lawsuit, finding formal representation together from an Austin based attorney’s office.
The 100 properties set to be displaced ran for approximately eight miles.
The eight mile range spanned from spaces around the current Interstate 35, properties along U.S. Highway 290 east, along the State Highway 71, and along parts of Ben White Boulevard. All of these spots were marked in state plans to expand the highway years ago and formal notice of displacement was sent when the actions were starting to actually begin.
By the time displacement notifications were sent out, the expansion project had not even been approved. The Texas DOT was sending offers early in their stages of planning and those who declined are who have to see the department in a civil trial now.
The attorney representing the property owners, Luke Ellis, called this case a “taking” lawsuit.
Ellis described a “taking” lawsuit as one in which the government is attempting to take something from people and when they are not able to do so easily, they act out and file a lawsuit against the people. He essentially described the case as a power trip being performed by the Texas Department of Transportation. Currently, the department has not released any statement or comment regarding the displacement attempts or lawsuit.
Ellis has said he is fighting for his clients to receive more than the financial compensation being offered by the state department. The Texas DOT is merely offering the value of the property, however Ellis explained that his clients are losing more than just physical properties, but also their homes and businesses and all of the memories that live within that space.
