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Rest stop dispute finally comes to end

BELTON - The costs associated with the rest stop off southbound Interstate 35 near Salado went up by $5.88 million Tuesday after a jury of six women ruled in favor of 7KX investments in a dispute over eminent domain.

After seven days of trial in County Court at Law No. 1, it took jurors less than two hours to award 7KX with the exact amount recommended by an expert who testified in the lawsuit.

“We’re pleased, but it’s been a long fight,” 7KX attorney Glenn Sodd of Corsicana said.

The dispute began in 2004 when the local firm was offered less than $500,000 from the state for 27.7 acres of frontage road property that is now a rest stop south of Salado.

The acreage was among 378 acres the investment firm owned in the area. The land included nine commercial grade wells that tapped into the Edwards Aquifer.

Six of the wells were on the land TxDOT eventually took using eminent domain.

“A well is an unusual asset capable not only of creating income for you but also for future generations of your family if they have the sense not to sell it,” Sodd said.

Two of the three remaining wells are leased to Salado Water Supply.

Sodd said his client first learned of TxDOT’s intentions in 2001. At the time, he said 7KX had two potential buyers interested in purchasing water from the wells. One of those buyers was connected to the Sonterra housing development in Jarrell.

Once the state took possession of the land, 7KX was not able to access the wells. Slant drilling, an option in gas and oil wells, would not work with 7KX’s water wells in part because the water is only 50 to 100 feet below the surface.

Sherry Peel, lead counsel for the state, would not comment about the proceeding, citing state policy.

Judge Edward Johnson presided over the proceeding.

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