For those of us that own land. (A bit of a read)
I do own land and I thought this was pretty interesting!
Drawing the line when exploring eminent domain law
1/22/2009 1:12 PM
By: Catie Beck
You paid for it and you own it, but don't hold on too tight because the federal or state government could take your property away from you for public purpose.
It's called eminent domain and Gov. Rick Perry is calling for reforms.
Land owner Larry Beard knows a lot about property lines. The state took a good bit of his land to expand the lines of a state highway. But when it came down to making an offer for the land, Beard said he had to draw the line.
"It was a joke … $38,000? And then their own people come back and say, 'Naw, they should've given you $325,000,'" Beard said.
After pricey litigation, Beard ended up with $325,000, which was nearly three times the initial offer.
"If you don't have $50, 000, $100,000 or $200,000 lying around to fight it in court, you have to take what's given," Beard said.
Perry said he wants to give property owners stronger support against the abuses of eminent domain. "The government owes folks a genuine good faith negotiation – not a land grab," he said.
The governor's suggestion to amend the state constitution would try to ensure fair compensation for land that is taken for public use and prevent private property to be taken for private development purposes.
The most common uses of property taken by eminent domain are for public utilities, highways and railroads. It's unfair to owners like Beard who say the eminent domain issue hits too close to home.
"If he and other legislators would listen to more stories like mine they would come to realize that there is not a fair mode here," he said.
Senate Republican Robert Duncan said the legislation could affect land condemnation for sports stadiums. He added there are too many legislative opportunities for loopholes if it isn't written in the state constitution.
The Texas Landowner’s Bill of Rights consists of 10 basic principles:
1. You are entitled to receive adequate compensation if your property is taken for a public use.
2. Your property can only be taken for a public use.
3. Your property can only be taken by a governmental entity or private entity authorized by law to do so.
4. The entity that wants to take your property must notify you about its interest in taking your property.
5. The entity proposing to take your property must provide you with an assessment of the adequate compensation for your property.
6. The entity proposing to take your property must make a good faith offer to buy the property before it files a lawsuit to condemn the property.
7. You may hire an appraiser or other professional to determine the value of your property or to assist you in any condemnation proceeding.
8. You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving the condemnation.
9. Before your property is condemned, you are entitled to a hearing before a court-appointed panel that includes three special commissioners.
10. If you are unsatisfied with the compensation awarded by the special commissioners, or if you question whether the taking of your property was proper, you have the right to a trial by jury.
Drawing the line when exploring eminent domain law
1/22/2009 1:12 PM
By: Catie Beck
You paid for it and you own it, but don't hold on too tight because the federal or state government could take your property away from you for public purpose.
It's called eminent domain and Gov. Rick Perry is calling for reforms.
Land owner Larry Beard knows a lot about property lines. The state took a good bit of his land to expand the lines of a state highway. But when it came down to making an offer for the land, Beard said he had to draw the line.
"It was a joke … $38,000? And then their own people come back and say, 'Naw, they should've given you $325,000,'" Beard said.
After pricey litigation, Beard ended up with $325,000, which was nearly three times the initial offer.
"If you don't have $50, 000, $100,000 or $200,000 lying around to fight it in court, you have to take what's given," Beard said.
Perry said he wants to give property owners stronger support against the abuses of eminent domain. "The government owes folks a genuine good faith negotiation – not a land grab," he said.
The governor's suggestion to amend the state constitution would try to ensure fair compensation for land that is taken for public use and prevent private property to be taken for private development purposes.
The most common uses of property taken by eminent domain are for public utilities, highways and railroads. It's unfair to owners like Beard who say the eminent domain issue hits too close to home.
"If he and other legislators would listen to more stories like mine they would come to realize that there is not a fair mode here," he said.
Senate Republican Robert Duncan said the legislation could affect land condemnation for sports stadiums. He added there are too many legislative opportunities for loopholes if it isn't written in the state constitution.
The Texas Landowner’s Bill of Rights consists of 10 basic principles:
1. You are entitled to receive adequate compensation if your property is taken for a public use.
2. Your property can only be taken for a public use.
3. Your property can only be taken by a governmental entity or private entity authorized by law to do so.
4. The entity that wants to take your property must notify you about its interest in taking your property.
5. The entity proposing to take your property must provide you with an assessment of the adequate compensation for your property.
6. The entity proposing to take your property must make a good faith offer to buy the property before it files a lawsuit to condemn the property.
7. You may hire an appraiser or other professional to determine the value of your property or to assist you in any condemnation proceeding.
8. You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving the condemnation.
9. Before your property is condemned, you are entitled to a hearing before a court-appointed panel that includes three special commissioners.
10. If you are unsatisfied with the compensation awarded by the special commissioners, or if you question whether the taking of your property was proper, you have the right to a trial by jury.
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