Texas Landowner Secures $2.7 Million Brazoria County Jury Verdict in Pipeline Condemnation Case

On remand from the Supreme Court of Texas (“SCOT”), a Brazoria County jury awarded $2.7 million to 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 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 a comparable sales approach using pre-existing pipeline easement sales.                

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 Country, Texas.

The verdict was rendered on October 1, 2024.