Charles McFarland has been selected by his peers for inclusion in the 2011 edition of The Best Lawyers in America® in the practice area of Eminent Domain and Condemnation Law
Jeff Joyce, John McFarland, and Charles McFarland were each recognized in H Texas Magazine’s 2010 Houston’s Top Lawyers edition
January 2010 Jeff Joyce is again selected by his peers for inclusion in The Best Lawyers in America guide to legal excellence in the United States
September 2009 In jury trial on behalf of national retailer, Charles McFarland recovered over $500,000 for his client as compensation for 31 parking spaces lost as a result of the widening of Texas Avenue in College Station, Texas.
March 2009 Charles McFarland joins Jeff Joyce and twin brother John McFarland to form Joyce, McFarland McFarland LLP
November 2008 Jeff Joyce and John McFarland form Joyce & McFarland LLP
September 2009 Jeff Joyce is again named as a Texas Super Lawyer by Texas Monthly magazine
January 2008 John McFarland tries a wrongful foreclosure suit defending his lender client against claims brought by a party alleging to have purchased property as a good faith purchaser for value, resulting in a jury verdict and take-nothing judgment on the claims
September 2004 John McFarland is named as a Texas Super Lawyer by Texas Monthly magazine
March 2004 John McFarland is named as a Texas Rising Star by Texas Monthly magazine
December 2003 Charles McFarland is Board Certified in the area of Civil Trial Law by the Texas Board of Legal Specialization
May 2004 John McFarland tries a fraud and lender liability suit on behalf of his lender client where the plaintiffs sought $6.5 million plus attorney\'s fees and exemplary damages, resulting in take-nothing judgment on the plaintiffs\' claims and judgment in excess of $1.5 million in favor of the lender on its counterclaims
December 1996 Jeff Joyce is Board Certified in the area of Civil Trial Law by the Texas Board of Legal Specialization
We have been in some fights and we know how to win them. Our successes at trial and willingness to go the distance enhance our ability to achieve outstanding results for our clients at all stages of litigation.
Biography
Charles primarily represents property owners in securing just compensation when government takes private property for public use. While his experience has included takings projects for highway expansion, pipelines, electric transmission lines, and flood control, Charles’s principal practice is focused on highway and roadway widening projects impacting retail, commercial, and industrial uses. Charles has been selected by his peers for inclusion in the 2011 edition of The Best Lawyers in America® in the practice area of Eminent Domain and Condemnation Law (Copyright 2010 by Woodward/White, Inc., of Aiken, S.C.)
Charles has obtained successful jury verdicts and commissioners’ awards for clients in condemnation cases across the State, including Harris County, Fort Bend County, Montgomery County, Waller County, Galveston County, Brazoria County, Williamson County, Dallas County, Matagorda County, Wharton County, Angelina County, Austin County, and Val Verde County.
He has handled appeals of condemnation cases and other matters in the First, Fourth, Sixth, Tenth, Eleventh, Thirteenth, and Fourteenth Courts of Appeals and in the Texas Supreme Court. Charles was formerly a partner in the Condemnation and Land Use Litigation practice group of Vinson & Elkins LLP. He has been board certified by the Texas Board of Legal Specialization in Civil Trial Law since 2003.
Representative Experience
Retail Matters
Favorable jury verdict as lead counsel against the State of Texas for big box retailer in highway widening case in College Station, Texas
Favorable award as lead counsel against the State of Texas involving retail bank and office building in Pearland, Texas
Favorable settlement as lead counsel against Montgomery County involving retail strip shopping center in Magnolia, Texas
Favorable jury verdict as lead counsel in highway widening case against the State of Texas involving multi-use retail property in Dallas, Texas
Favorable jury verdicts as co-counsel in highway widening cases on IH-10 West (the Katy Freeway) against the State of Texas involving properties improved with front-line retail space in a power center and a big box retailer in Houston, Texas
Favorable jury verdict as co-counsel in highway widening case against Harris County, Texas involving property improved with collision center in Houston, Texas
Favorable awards and settlements as lead counsel in highway widening cases against the State of Texas involving properties improved with gas station/convenience stores in Houston, Lufkin, and Dallas
Favorable settlements as lead counsel in highway widening cases on IH-10 West (the Katy Freeway) against the State of Texas involving properties improved with a big box retailer and with an automotive retail store and repair center
Other Matters
Favorable settlement as lead counsel in highway widening case on IH-10 West (the Katy Freeway) against the State of Texas involving property improved with multi-family residential townhome development
Favorable settlements as lead counsel in high-voltage electric transmission line cases against CenterPoint Energy involving rural acreage in Wharton County, Texas
Favorable jury verdicts and settlements as lead counsel in high-voltage electrical transmission line cases against the Lower Colorado River Authority involving rural acreage in Austin, Waller, and Harris Counties
Favorable jury verdict as co-counsel in toll road case against Harris County, Texas involving industrial property in Houston, Texas
Favorable jury verdict as lead counsel in whole taking for flood control purposes against Harris County, Texas involving residential-use property in Houston, Texas
Favorable settlement as lead counsel in road widening case against Harris County, Texas involving special-use property improved with a local television station in Houston, Texas
Reported Condemnation Cases
PR Investments and Specialty Retailers, Inc. v. State, 251 S.W.3d 472 (Tex. 2008)
Harris County v. Inter Nos, Ltd., 199 S.W.3d 363 (Tex.App.-Houston [1st Dist.] 2006, no pet.)
State v. Target Corp., 194 S.W.3d 46 (Tex.App.-Waco 2006, no pet.)
City of Houston v. Van De Mark, 83 S.W.3d 864 (Tex.App.-Texarkana 2002, pet. denied)
Mercier v. MidTexas Pipeline Co., 28 S.W.3d 712 (Tex.App.-Corpus Christi 2000, pet. denied)
State v. Northborough Center, Inc., 987 S.W.2d 187 (Tex.App.-Houston [14th Dist.] 1999, pet. denied)
Anderson v. Teco Pipeline Co., 985 S.W.2d 559 (Tex.App.-San Antonio 1998, pet. denied)
“The proponents of public projects have an incentive to understate the property acquisition costs associated with a project to facilitate its approval. It is particularly easy to understate or omit damages to property that is not acquired but will suffer a negative impact from the project. When the true cost of the acquisition is revealed through the judicial process, usually years later, these same proponents blame the property owners, the attorneys representing them, or juries for the cost overruns. In fact, these overruns are the direct and natural result of their own conduct in failing to assess the compensation question fully.”
