This was posted on his website yesterday:

NEWS FLASH 2-12-2008 - XTO Energy plans to eminent domain the whole south side of the back half of my property. I will not be able to continue growing trees in containers when all this wind comes through my place. This area is the only windbreak within a mile from the strong south winds and also is being used as a growing area for Fire Dragon maples and contains many rare trees not found anywhere else in the world. Some of these trees are my new Shantung maple cultivars such as Dwarf Golden Dragon, Skinny Dragon, Witches Dragon, Doric Dragon, etc. There is an unused 90-acre property right there that doesn't even have a cow on it that they could, but refuse, to use. Metro Maples plans to fight in court but it most likely will be a losing battle as all the laws are written in their favor. Governor Perry vetoed a bill last year that would have made it more difficult for these 'for profit' companies to steal people's land. This is very bad news for Metro Maples.

What is going on with that now?