Texas landowner attorney Philip Hundl of Land Rights Law provides an important update on Phase Two of the City of Wharton Levee Project, where right-of-way acquisition is now underway. If you own property in or around Wharton—particularly north of Highway 59 near FM 102 or the Baughman Slough area—you may be contacted with an initial offer. If you’re impacted by this or any other condemnation project, you should get the help of a knowledgeable lawyer to guide you through the process. Call Philip at 800-266-4870 or text the office at 979-320-9320. Our offices are in Wharton County, and we help landowners all over Texas.
Summary of City of Wharton Levee Project Phase Two: What Affected Landowners Need to Know Video
The City of Wharton is moving forward with Phase Two of its Levee Project, a critical flood mitigation effort developed in coordination with the U.S. Army Corps of Engineers following years of flooding — including the devastating impact of Hurricane Harvey.
Right-of-way acquisition agents have begun contacting landowners in and around the City of Wharton, particularly north of Highway 59 near FM 102 and the Baughman Slough area. Some property owners have already received initial offers and appraisals.
Below is a breakdown of where the project stands, what Phase Two involves, and what landowners should be paying close attention to.
Introduction to the City of Wharton Levee Project
We often discuss pipeline projects, road expansions, and power line projects. Today, however, the focus is different.
This update concerns Phase Two of the City of Wharton Levee Project, a public infrastructure project aimed at flood control and protection for the community.
Many in Wharton are already familiar with ongoing efforts to mitigate flooding, including:
- The Santa Fe Outfall Ditch improvements
- Various ditch and creek clearing projects
- Other smaller flood-control initiatives over the year
Despite those efforts, flooding has remained a serious issue — particularly after Hurricane Harvey.
Background: Flooding and the Development of the Levee Plan
After Hurricane Harvey caused significant flooding in Wharton, the City, working alongside other governmental entities and the federal government, moved forward with a comprehensive levee system.
The U.S. Army Corps of Engineers designed the levee project in multiple phases.
Phase One
- All required parcels for Phase One were acquired several years ago.
- Construction is currently ongoing.
Why Phase Two Matters
According to the Army Corps, Phase Two is essential.
Without it, the project would result in only a partial levee system — and a partial levee does not effectively hold back water.
Phase Two completes the protection strategy.
Phase Two: Right-of-Way Acquisition Has Begun
Phase Two now appears to be in the right-of-way acquisition stage.
What we are seeing:
- Some landowners are being contacted for the first time.
- Some have already received initial offers and appraisals.
- Right-of-way agents are actively reaching out.
If you are located in the city of Wharton area of Wharton County, north of Highway 59 near FM 102 and the Baughman Slough area, you may be affected by this project.
Who Is Involved and What is Being Proposed in Phase Two?
Phase Two of the City of Wharton Levee Project involves several familiar entities in the condemnation and infrastructure space. HDR is serving as the right-of-way acquisition agent, contacting landowners, and the law firm Baker Moran has reportedly been hired by the City to handle legal matters related to this phase. The project itself was designed in coordination with the U.S. Army Corps of Engineers, alongside the City of Wharton and other governmental partners.
As for what is being proposed, understanding the scope of the project on your specific property is critical. Based on available information, Phase Two includes levee extensions that connect to Phase One, construction of flood walls, the development of sump areas, and the cleaning and widening of existing sloughs and creeks, including improvements associated with the Colorado River and the Baughman Slough area. Each landowner’s situation will vary depending on how these proposed improvements intersect with their property and what rights are being acquired.


Why Scope Matters in Condemnation Cases
Whenever a governmental entity acquires property rights, the key questions are:
- Exactly what are they building?
- What permanent structures will remain?
- What access rights are being taken?
- How does this affect future use of your property?
Even projects designed for public benefit — such as flood control — still require careful review of the rights being acquired and the impact on your land.
What Should Landowners Do If Contacted?
If you have been contacted by right-of-way acquisition agents regarding Phase Two of the City of Wharton Levee Project, the Colorado River Phase Two improvements along the Colorado River, or work associated with Baughman Slough, it is important to understand what is being proposed and how it may affect your property.
It is important to:
- Carefully review any initial offer and appraisal.
- Understand exactly what is being taken.
- Evaluate how the proposed improvements affect your property long term.
- Learn how the Texas condemnation process works before making decisions.
Final Thoughts on Phase Two of the City of Wharton Levee Project
Phase Two appears to be moving forward. Some landowners are already receiving offers, while others are just beginning to hear from acquisition agents.
If you are in the affected area around Wharton, now is the time to get informed.
We will continue to update our blog with additional information on both Phase One and Phase Two of the City of Wharton Levee Project.
If you have questions about your property and this project, call 800-266-4870, text 979-320-9320, or schedule a free consultation from our website.
Call 800-266-4870 or text 979-320-9320 for an appointment. We can also arrange for online and telephone appointments all over Texas.