Frederick Junkin

Frederick D. Junkin focuses his practice on civil litigation and appeals. His background includes litigation involving public law issues and real estate and commercial disputes.

Fred has represented clients in a wide variety of litigation involving governmental matters, including condemnation and inverse condemnation proceedings, construction disputes, election contests, zoning controversies and contract actions.

He has extensive experience with regard to eminent domain law, having represented both acquiring authorities and landowners in a variety of proceedings, including acquisitions for light rail facilities, highway and road widenings, a natural gas storage facility, power line right-of-way, pipeline right-of-way, railroad right-of-way, port facilities and sports venues.

In addition to his public law practice, Fred represents private clients in real property litigation and commercial disputes.

Fred also has represented clients in connection with appellate proceedings, including the preparation of briefs and presentation of argument in appeals from judgments entered in cases handled by the firm and the preparation of amicus curiae briefs on behalf of third parties interested in the legal issues presented in other appeals.

Experience:

• Condemnation
  • Representation of a regional water authority in the acquisition of easements for various water line projects.
  • Representation of a large pipeline company in the acquisition of right-of-way for a natural gas liquids and olefins pipeline
  • Representation of a transit authority in the acquisition of right-of-way necessary for the construction of light rail facilities.
  • Representation of a municipal power agency in the acquisition, by purchase and condemnation, of right-of-way for the construction of a rail spur.
  • Representation of a municipal power agency in the acquisition, by purchase and condemnation, of easements required for the construction of an electric power line.
  • Representation of various water authorities and municipal utility districts in connection with the acquisition of easements for water lines and drainage facilities.
  • Representation of various large pipeline companies in connection with right-of-way acquisition projects, including the acquisition, by purchase and condemnation, of easements required for the construction of a 70-mile natural gas pipeline and the construction of a 113-mile carbon dioxide pipeline.
  • Representation of a city in connection with the acquisition, by purchase and condemnation, of land necessary for the construction of a basketball arena.
  • Representation of a venue district in connection with the condemnation of land necessary for the construction of a baseball stadium.
• Inverse Condemnation
  • Defense of a transit authority in multiple trial court and appellate proceedings in which landowners have claimed that the construction and operation of light rail facilities materially and substantially impaired access to their properties.
  • Defense of a transit authority against a landowner’s claim that the modification of driveways and available means of ingress and egress in connection with the construction of a light rail line resulted in a material and substantial impairment of access to the landowner’s adjoining property.
  • Defense of a transit authority against a claim that it had unlawfully fenced a parking lot adjoining the claimant’s property, resulting in a denial of access to that property.
• Landowner Defense
  • Representation of a major railroad company in connection with the proposed condemnation of a pipeline easement along and across the company’s railroad right-of-way.
  • Representation of a major national bank in the negotiation of the easement terms and compensation due for the acquisition of a power line easement across the bank’s property.
  • Representation of a landowner in contesting the proposed condemnation of a water line easement being constructed to serve a third party’s electric power generating plant.
  • Representation of a large group of landowners in connection with the acquisition of underground storage rights for a natural gas storage facility.
• Other Government Litigation
  • Defense of a transit authority in connection with various construction and contract disputes.
  • Defense of board members and the executive director of a tax increment reinvestment zone who had been sued after denying a developer’s request for funding for a redevelopment project.
• Real Property Litigation
  • Defense of a pipeline company against a landowner’s trespass claim arising out of the company’s lease of a common carrier pipeline and associated easement rights.
  • Following an adverse summary judgment ruling and jury verdict, substituted in as counsel for landowners seeking recovery for Deceptive Trade Practices Act, negligence, and gross negligence claims as a result of a failure to disclose and misrepresentations regarding the existence of a pipeline easement across their residential property.  Secured a reversal of the summary judgment and negotiated a favorable settlement of the claims.
  • Representation of a developer challenging a city’s denial of a building permit for an apartment complex and secured a settlement resulting in the issuance of a building permit.
  • Representation of a landowner in a deed construction dispute involving competing claims to mineral interests.
• Representative Published Opinions
  • Texas Municipal Power Agency v. Johnston, 405 S.W.3d 776 (Tex. App.–Houston [1st Dist.] 2013, no pet.)
  • Burris v. Metropolitan Transit Authority, 266 S.W.3d 16 (Tex. App.–Houston [1st Dist.] 2008, no pet.)
  • SouthTex 66 Pipeline Co. v. Spoor, 238 S.W.3d 538 (Tex. App.–Houston [14th Dist.] 2007, pet. denied)
  • WesTTex 66 Pipeline Co. v. Bulanek, 213 S.W.3d 353 (Tex. App.–Houston [1st Dist.] 2003), aff’d in part, rev’d in part, 209 S.W.3d 98 (Tex. 2006)
  • 4N Int’l, Inc. v. Metropolitan Transit Authority, 56 S.W.3d 860  (Tex. App.–Houston [1st Dist.] 2001, pet. denied)
  • Johnson v. Prudential Relocation Management Limited Partnership, 918 S.W.2d 68 (Tex. App.–Eastland 1996, writ denied)
  • Rosenthal v. Ottis, 865 S.W.2d 525 (Tex. App.–Corpus Christi 1993, no writ)

EDUCATION:

• JD, The University of Texas School of Law, with honors, Texas Law Review, Managing Editor (1988-1989), Order of the Coif, 1989
• BA, Austin College, departmental honors, 1986

BAR ADMISSIONS:

• Texas

COURT ADMISSIONS:

• US Court of Appeals, Fifth Circuit
• US District Court, Southern District of Texas

CLERKSHIPS:

• US Court of Appeals, Fifth Circuit

Memberships:

• Houston Bar Association