On Remand for Trial from The Texas Supreme Court, $4.68+ Million Judgment Obtained and Entered After Jury Verdict in Brazoria County Pipeline Condemnation Case

Firm News
10.12.2024

On remand from the Texas Supreme Court (“SCOT”), a $4.68+ million judgment has been entered on a Brazoria County jury’s award for Terrance and Kenneth Hlavinka, as well as entities they operate, in an ongoing condemnation dispute with HSC Pipeline Partnership LP (“HSC”), a subsidiary of Enterprise Product Partners. The Hlavinkas and their related entities are represented by Clay Steely of Porter Hedges LLP. The SCOT previously held in the case that evidence of recent fair market sales to secure easements running across the property that precede the taking are admissible to establish the property's highest and best use and its market value, at the time of the taking. After four and a half trial days, the jury reached a unanimous verdict in favor of the Hlavinkas based on using pre-existing pipeline easement sales. The verdict was rendered October 1, 2024. The judgment was signed and entered October 11, 2024.

The case is styled HSC Pipeline Partnership, LLC v. Terrance J Hlavinka and Kenneth Hlavinka, Case No CI54928 (Consolidated with HSC Pipeline Partnership, LLC v. Terrance Hlavinka Cattle Company, et al., Case No. CI54929 and HSC Pipeline Partnership, LLC v. Tres Bayou Farms, et al., Case No. CI54930), Eminent Domain Proceeding, Brazoria County, Texas.

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