Charles McFarland
Top rated Eminent Domain attorney in Houston, Texas
Practice Areas:
Eminent Domain
Education Qualification:
The University of Texas School of Law
Practice Areas:
Eminent domain
811 Louisiana Street, Suite 2520Houston, Texas, 77002
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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