Real Estate & Property Law
Extra 3 Feet on Freeway Ramp Costs Texas County $525,000
Posted Dec 12, 2008 11:20 AM CST
By Martha Neil
A new ramp linking a portion of Interstate 10 to a parking facility around Houston is 28 feet high. Unfortunately, a visibility easement purchased from Harris County in 2001 by a billboard owner sets a 25-foot height limit for any structures built on neighboring property.
After losing a court case in which it argued that drivers could still see the billboard, the county has now agreed to pay Clear Channel Outdoors a $525,000 settlement, reports the Houston Chronicle. Had the pact not been reached, a state court jury would have been asked to determine damages after a March ruling in the billboard owner's favor by Judge Jacqueline Lucci Smith on the liability issue.
She held that Harris County was required to pay compensation under a Texas constitutional provision that says governmental entities can't take private property without compensation, the newspaper explains.
County officials say they aren't sure why the ramp was constructed three feet above the easement height limit. It appears that those involved in the project may have been unaware of the visibility easement.

Comments
Sackerboy
Dec 12, 2008 11:58 AM CST
They should have tried the case to a jury of taxpayers, instead of caving with their money to advertising interests which may have been unimpaired.
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mythago
Dec 15, 2008 12:01 PM CST
How about before a jury of small-business owners, who might be interested in a case where a business owner entered into a contract that the government violated?
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Walt
Dec 15, 2008 1:44 PM CST
In 2001 the commissioners must have thought they were getting free money, and helping free enterprise in the bargain.. Forgetting that view rights of this sort are hardly common, and not apt to come to the attention of the road department. Wonder if Clear Channel paid $525,000 to get this right in the first place, or if the County came out behind overall?
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