The Marvin Nichols Reservoir: What East Texas Landowners Need to Know About Eminent Domain

December 10, 2024
BarronAdler

Map courtesy of Texas Tribune

Water shortages are top of mind as the population of the Dallas-Fort Worth area continues to grow. To meet demand, the Region D Water Planning Group, which holds jurisdiction over 19 counties, proposed building a  $7 billion reservoir, the Marvin Nichols Reservoir, near Bogata and Clarksville in northeast Texas. Marvin Nicholas would pump potable water nearly 150 miles away to the ever-expanding Dallas-Fort Worth metro, leaving residents near the project site without many options.

This reservoir would take nearly 70,000 acres of land in Red River, Titus, Delta, Lamar and Franklin counties and private property would be fully inundated, leading to the displacement of an estimated 1,000 families. A project of this scale is fairly unprecedented, seeing as the last major reservoir project in Texas was the Bois d’Arc Lake Reservoir in Fannin County. Reaching completion in 2022, it was the newest reservoir Texas had seen in over 30 years.

The execution of the Marvin Nichols reservoir would have a significant environmental impact as well as displace local industry farmers and loggers who would have no choice but to leave their land and the legacies they’ve built. East Texans argue that not enough alternative options have been thoroughly examined, and that the impacts would be severely felt by those that have been established livelihoods in the proposed project area.

“Having represented landowners in all phases of the condemnation process, we understand how debilitating the effects of the Marvin Nichols Reservoir could be to Texans that have lived on this land for generations,” said Barron, Adler, Clough & Oddo attorney Nicholas Laurent. “In order to ensure fair compensation, landowners that think they may be impacted by this reservoir should consult an experienced eminent domain attorney to ensure fair compensation.”

The public comment period on the Marvin Nichols reservoir draft feasibility review closed on October 28th and will be sent to the Legislative Budget Board and Governor by January 5th, 2025 to review feedback and determine next steps of the design.

Barron, Adler, Clough & Oddo, PLLC has over 100 years of combined experience exclusively helping Texas property owners impacted by eminent domain. We understand the unique aspects of every case and the challenges impacted property owners are up against. If you think your property will be impacted by the Marvin Nichols Reservoir, contact a Barron Adler lawyer so we can help you better understand the takings process and advise you through the process.

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