Charles McFarland Attorney

First Admitted: 1995, Texas

Professional Webpage: http://www.mcfarlandpllc.com/about/charles-b-mcfarland/

Bar/Professional Activity:

CRE Credential, The Counselors of Real Estate, 2025
Partner, Vinson & Elkins LLP (Condemnation Practice Group), 2009
Fellow, Texas Bar Foundation, 2025
Board Member, Texas Association of Civil Trial and Appellate Specialists (TACTAS), 2023
Member, Owners' Counsel of America (Texas), 2025
President, Texas Association of Civil Trial and Appellate Specialists (TACTAS), 2014
Licensed to practice law in the State of Texas, 1995
U.S. District Courts for the Eastern District of Texas
Keeton Fellow, University of Texas School of Law
U.S. District Courts for the Southern District of Texas
Fellow, Houston Bar Foundation
U.S. Court of Appeals for the Fifth Circuit
Chair, Damages Subcommittee of the Condemnation, Zoning and Land Use Litigation Committee of the Section, 2012

Verdicts/Settlements (Case Results):

Appellate Victory - The Commons of Lake Houston v. City of Houston Reversal of appellate court dismissal of claims based on City's plea to the jurisdiction in developer's takings claim arising out of the City's 2018 amended floodplain ordinance, 2025
Oral Argument - Jones v. Port Freeport Argued in right to take challenge before a panel of the Fourteenth Court of Appeals, 2025
Appellate Victory - Litinas v. City of Houston, 703 S.W.3d 443 (Tex. App.—Houston [14th Dist.] 2024, no pet.) Obtained reversal of trial court's dismissal of inverse condemnation action for lack of jurisdiction, 2024
Settlement - State of Texas v. BHVB Properties - Condemnation for I-45 North Houston Highway Improvement Project, 2024
Westside Ventures (v. Houston Community College System) - Jury trial in federal court after prevailing as a matter of law that a developer's ownership of deed restrictions benefitting its properties was a compensable interest in property and that a community college's purchase of the restricted property with no intention of complying with the use restrictions was a taking. , 2025
Sealy 922 (Matterhorn Express Pipeline v.) - Settlement of pipeline easement acquisition impacting 900+ acre development in Austin County, 2025
Settlement - State of Texas v. BGM Investments (Condemnation for expansion of highway), 2024
Settlement - State of Texas v. Bianca Enterprises, Inc. - Highway expansion project (IH-20) impacting C-Store, 2023
Verdict: Harris County MUD No. 390 v. Reserve at City Park South - Jury Verdict for $5.74 million for MUD's acquisition of a five-acre tract in South Houston. The MUD's acquisition, for an administrative building and recreational facilities, disrupted the property owner's plans for a retail center and gas station/C-Store development on the property. The MUD initially offered $1,633,485; its position at trial was $3.8 million. Tried with Billy Coe Dyer. , 2024
Settlement - North Harris County Regional Water Authority v. St. Paul Fire & Marine Insurance Co. (Travelers) - Condemnation of large pipe water transmission easement , 2024
EaDo Investments (Ancorian) (Texas Department of Transportation v.) - Settlement of $65 million for landowner on original offer of $20.8 million, 2024
Verdict - State of Texas v. AK Storage - Jury verdict over four times State's original offer in partial taking impacting self-storage facility, including award of remainder damages where State's appraiser concluded there were none. , 2024
Settlement - State of Texas v. Burke/Naylor 1935 - I-45 North Houston Highway Expansion Project, 2023
Settlement - Kinder Morgan Tejas Pipeline v. Garwood Holdings, LLC, 2022
Settlement - Harris County Flood Control District v. Saddle Ridge Estates POA, 2022
Settlement - State of Texas v. Second Baptist Church, 2023
Settlement - North Texas Municipal Water District v. SLC McKinney Partners, 2023
Settlement - State of Texas v. Peterson New Territory Investors, 2023
Award - Harris County Flood Control District v. Sasson, 2023
Settlement - Harris County v. 5516 Lockwood , 2023
Settlement - State of Texas v. 8800 Austin LLC (I-35 Project), 2023
Settlement - Harris County v. EastGroup Properties, 2023
Jury Verdict - State of Texas v. Fairfield Baptist Church, 2018
Settlement - Hwy 6 & 90, Ltd. v. City of Sugar Land involving inverse and regulatory claims arising out of restrictions to property adjacent to municipal airport, 2022
Settlement - State of Texas v. Park Blocks, Ltd. involving State's acquisition of right of way for extension of Grand Parkway, 2022
Settlement - State of Texas v. Redfish Island, LP. TXDOT acquisition of right of way for SH 146. , 2022
Mandamus Granted - In re DeRuiter Ranch, LLC. Discovery dispute in connection with pipeline acquisition over pipeline company's refusal to produce shipping contracts. , 2021
Settlement - Magellan Pipeline Company LP and V-Tex Logistics LLC v. Omaha Ranch, LLC. Pipeline easement acquisition impacting ranch property in Grimes County, 2022
Settlement - HWY 6 & 90 Ltd. v. City of Sugar Land. Regulatory taking. , 2022
Settlement - State of Texas v. Park Blocks, Ltd. TXDOT acquisition for SH 99 (the Grand Parkway). , 2022
Jury Verdict - State of Texas v. DH 2004 Interests, Ltd., 2018
Jury Verdict - Harris County, Texas v. LJJX Investments, Ltd., 2018
Harris County v. Inter Nos, Ltd., 199 S.W.3d 363 (Tex.App.-Houston [1st Dist.] 2006, no pet.)
State v. Northborough Center, Inc., 987 S.W.2d 187 (Tex.App.-Houston [14th Dist.] 1999, pet. denied)
Jefferson County, Texas v. J. Adams LLC: Jury trial of condemnation case for extension of LaBelle Road, 2016
PR Investments and Specialty Retailers, Inc. v. State, 251 S.W.3d 472 (Tex. 2008)
City of Houston v. Van De Mark, 83 S.W.3d 864 (Tex.App.-Texarkana 2002, pet. denied)
State of Texas v. East Montgomery County Improvement District: Jury trial of condemnation case for extension of the Grand Parkway, 2016
State v. Target Corp., 194 S.W.3d 46 (Tex.App.-Waco 2006, no pet.)
State of Texas v. Valley Ranch Town Center, Ltd.: Jury trial of condemnation case for extension of the Grand Parkway, 2016

Representative Clients:

Realty Income Corporation, a real estate investment trust that invests in free-standing, single-tenant commercial properties in the United States, Spain and the United Kingdom that are subject to NNN Leases, 2025
Sprint Sand and Clay, leading supplier of quality sand, select fill, clay, topsoil and other fill dirt materials, 2025
Woodmere Development Company, Houston-based residential real estate developer, 2024
Pinto Realty Partners, privately held active real estate investment company , 2025
Colony Ridge Land, residential real estate developer, 2024
Allen Harrison Company, Houston-based, privately-held real estate investment and services firm focused on the acquisition, development, construction, asset management and property management of multi-family assets., 2023
Caldwell Companies, premier real estate investment, development, building and service firm in Texas, 2025
Rice Management Company, investment manager of Rice University's financial resources, 2025
Ancorian, regional investment and development firm, 2024
J. Alan Kent Development, developer of master-planned residential communities, 2025
Aqua Texas, Inc., part of Essential Utilities, one of the largest publicly traded water, wastewater, and natural gas providers in the U.S., 2025
Luby's Fuddruckers Restaurants, LLC, 2021
Lovett Industrial, Houston-based real estate development and investment company focused on industrial development and acquisitions in major markets across the United States, 2025
Lovett Commercial, Houston-based commercial real estate developer with projects across Texas, 2025
Smithco Development, a privately-owned commercial real estate development company, 2025
The Wendy's Company, an American holding company for the major fast food chain Wendy's headquartered in Dublin, Ohio. The company's principal subsidiary, Wendy's International, is the franchisor of Wendy's restaurants., 2025
Texas Parks & Wildlife Department - Texas state agency that oversees and protects wildlife and their habitats. In addition, the agency is responsible for managing the state's parks and historical areas., 2023
LGI Homes - One of the nation's leading homebuilders, 2025
Century Communities, Inc. - Top 10 national homebuilder, engaged in all aspects of homebuilding — including the acquisition, entitlement and development of land, along with the construction, innovative marketing and sale of quality homes designed to appeal to a wide range of homebuyers. The Colorado-based company operates in 18 states and over 45 markets across the U.S.,, 2024
Taco Bell of America, 2024
Wisenbaker Builder Services, global, direct source supplier to the Texas residential new construction market, 2025
Hines Interests, privately held company that invests in and develops real estate. The company has developed, redeveloped or acquired 1,450 properties, comprising over 485 million square feet. The company currently manages 622 properties comprising 256 million square feet., 2025
FirstCash, Inc., leading international operator of pawn stores with more than 2,800 retail pawn and consumer lending locations in 25 U.S. states and the District of Columbia and in Latin America, which includes all the states in Mexico and the countries of Guatemala, El Salvador and Colombia., 2025
NADG NNN REIT, national portfolio of commercial outparcel properties, 2025
Bayou Land Conservancy, dedicated to protecting the bayou systems of Houston, 2024
Mac Haik Enterprises, a wide array of affiliated companies engaged in the development, ownership and management of commercial real estate and health care facilities, asset acquisition and disposition, facilities management, property management, leasing, project management, construction, janitorial services, and media advertising, as well as restaurants and hotel ownership, 2025
The Travelers Companies, Inc., commonly known as Travelers, is an American insurance company. It is the second-largest writer of U.S. commercial property casualty insurance., 2024
Texas General Land Office (GLO) - state agency of the State of Texas responsible for managing lands and mineral rights properties that are owned by the state. , 2021
Net3 Real Estate, national real estate firm specializing in development for multi-unit retail, restaurant, and medical tenants., 2022
AR Global, Global Real Estate Asset Manager, 2022
Crow Holdings Industrial, one of the nation's largest industrial developers, 2022
Port Freeport, fastest growing port in Texas, 2025
Second Baptist Church, 2023
The Signorelli Company, vertically-integrated, multi-faceted real estate company based in The Woodlands, TX, 2025
Rise Communities LLC, developer and manager of creative, masterfully-planned, large-scale communities in the U.S, 2023
The Kroger Company, an American retail company that operates supermarkets and multi-department stores throughout the United States, 2022
SEARCH Homeless Services, 2023
Valley Ranch Town Center, Ltd., 2025
Target Corporation - American retail corporation that operates a chain of discount department stores and hypermarkets, headquartered in Minneapolis, Minnesota. It is the seventh-largest retailer in the United States. , 2025

Special Licenses/Certifications:

Board Certified in Civil Trial Law, Texas Board of Legal Specialization since 2003, 2024

Honors/Awards:

Top 100 Houston Lawyers, Super Lawyers, 2024
Counselors of Real Estate are trusted advisors finding solutions to complex real estate challenges. Experienced, innovative, and credentialed problem solvers, Counselors practice in 21 countries and offer expertise in more than 60 real estate disciplines across all asset classes. Invited to membership by their peers, Counselors have earned the prestigious CRE® designation., CRE Designation, Counselors of Real Estate, 2025
Best Lawyers in America - Eminent Domain and Condemnation Law, Best Lawyers, 2025
The Best Lawyers in America®, Eminent Domain and Condemnation Law, Lawyer of the Year, Eminent Domain and Condemnation Law, Best Lawyers, 2020
Texas Super Lawyers, Eminent Domain and Condemnation Law, Texas Super Lawyers, Eminent Domain, Thomson Reuters, 2024
, AV Preeminent Rating, Martindale-Hubbell, 2024

Educational Background:

University of Texas at Austin, B.A. with honors, (Plan II), 1991
University of Texas School of Law, Juris Doctorate, with honors (Order of the Coif), 1995

Scholarly Lectures/Writings:

In the typical condemnation case, the government decides what to take and when to take it. But what about when government action amounts to a taking without government taking the responsibility of acquiring the property rights necessary for its activities?, Author, Presenter, Picking Fights: Inverse Condemnation, Regulatory Takings, and Challenging the Right to Take, CLE International Eminent Domain Super Conference, Austin, Texas, Real Estate, Eminent Domain, 2020
Panel discussion of issues presented in the examination of valuation witnesses, Presenter, Direct and Cross Examination of Valuation Witnesses, ALI-CLE Eminent Domain and Land Valuation Litigation, 2023
In a panel discussion of lawyers representing the State, governmental entities, and landowners in condemnation cases, presented the landowner counsel's perspective. , Presenter, Understanding the Opposition: Perspectives on Litigating Condemnation Cases, ALI-CLE Eminent Domain and Land Valuation Litigation, 2023
How to Best Position Your Client to Withstand the Fallout When Controversial Projects Don’t Get Built, Author, Presenter, Webinar - Surviving Project Abandonment, Owners' Counsel of America, Real Estate, Eminent Domain, 2021
Addressing more complex questions of market value, compensability, Author, Presenter, Sticky Wickets: Difficult Compensation Questions, CLE International Eminent Domain Super Conference, Austin, Texas, Real Estate, Eminent Domain, 2022
Addressing the challenges to Trump's border wall policy, Author, Presenter, Run for the Border: Fence and Wall Condemnations, ALI-CLE Eminent Domain and Land Valuation Litigation, Real Estate, Eminent Domain, 2019
Texas Land Laws for Engineers and Surveyors, Author, Presenter, Texas Land Laws for Engineers and Surveyors, Halfmoon Education, Real Estate, Eminent Domain, 2019
Water rights are property rights and will be the most litigated issue of the 21st century, Author, Presenter, A River Runs Through It—Water Rights and Takings, ALI-CLE, Real Estate, Eminent Domain, 2020
The Larger Parcel and Just Compensation, CLE International Eminent Domain Super Conference, Austin, Texas, February 2012
Representing the Property Owner, CLE International Eminent Domain Super Conference, Austin, Texas, January 2009
The Exclusion of Experts in a Condemnation Case, CLE International Eminent Domain Super Conference, Austin, Texas, February 2010
Lessons (To Be) Learned from PR Investments and FKM Partnership, CLE International Eminent Domain Conference, Austin, Texas, February 2008
Listening and Matching, the Keys to Witness Examination, Proof Newsletter of the Section of Litigation's Trial Evidence Committee, American Bar Association, Fall 2007
Hot Topics: The Project Influence Rule, CLE International Eminent Domain Conference, Austin, Texas, March 2007
Trial Tactics, CLE International Eminent Domain Conference, Austin, Texas, March 2006
Errors And Omissions In A Condemnation Case: Legal Malpractice Issues For Condemning Authority And Property Owner Representations, CLE International Eminent Domain Conference, Houston, Texas, October 2004

Other Outstanding Achievements:

Texas Member - Owners' Counsel of America, a network of experienced eminent domain attorneys dedicated to defending the rights of private property owners across the country. OCA condemnation lawyers represent landowners against local and state governments, transportation departments, utilities, energy companies, redevelopment authorities, the Federal government, and any other agency that may be armed with the power of eminent domain. , 2025
Longhorn 100 - Recognized as one of the 100 fastest growing Longhorn businesses in the world by The Ex-Students Association of The University of Texas. , 2025

Industry Groups:

Condemnation Litigation
Eminent Domain
Private Property Rights
Real Estate

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