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Attorney for landowner tells Polk County commissioners it faces multimillion-dollar takings claim
Summary
An attorney representing a landowner told the commission the county has enacted regulations amounting to an unlawful regulatory taking affecting roughly 1,950 acres and warned potential damages could exceed $7 million if not resolved.
Attorney Tyler Epstein, representing landowner Brandon Nelson, told Polk County Commissioners during public comment that county regulatory actions have effected a taking of roughly 1,950 acres, rendering the property “worth $0,” and urged the court to follow state law and the oaths of office to avoid constitutional liability.
Epstein said the county lacks authority to apply the regulations he described and argued the action usurps state statutes and Texas Supreme Court precedent. He said constitutional protections for property are "sacred" and warned that if the county continues on its current course damages could exceed $7,000,000, with daily accruals that increase the eventual payout.
The attorney said he included a legal brief and exhibits with his submission to the court. Commissioners did not take action during the public comment period; the remarks were recorded under public comment and not as a formal agenda item. The court did not provide a substantive response during that segment of the meeting. No representative for Polk County answered the claims on the record at the time of the comment.
The statements reflect the claimant’s legal position as presented in public comment; the court did not adopt or rebut the legal claims during the meeting.
