Category Archives: compensation

2017. Just the Facts. SB 741.

SB 741 by Kolkhorst. Relating to compensation to a property owner for property acquired by an entity with eminent domain authority.

  • Adds royalties and profit sharing to what maybe considered compensation to a property owner
  • Allows negotiations concerning compensation to be admitted into evidence during eminent domain proceedings.

2017. Just the Facts. Kolkhorst. SB 740.

SB 740 Relating to the acquisition of property by an entity with eminent domain authority.

  • Requires disclosure of new appraisals within 10 days or 3 days before a special commissioners hearing
  • Allows a property owner to be awarded attorney fees if the amount awarded is 20% higher than the final offer
  • Defines a list of new requirements for the bona fide good faith offer such as:
    • easement details
    • right to damages from construction
  • Requiring that a condeming entity pay an award before an…

INTERIM Committee Report. Land & Resource Management. 4 Recommendations.

Land and Resource Management Interim Committee Report for 2016 makes these recommendations:

  • Excessive and abuse local regulations should be addressed by targeted local bills. (pg. 66)
  • ” A public notice to unincorporated areas of its boundary lines changing due to annexation or ETJ expanding. ” (pg. 71)
  • ” Reconsider annexation reform which will balance the powers between private property owners and municipalities. ” (pg. 71)
  • “Reconsider eminent domain reform to ensure fair compensation…

Eminent Domain and the Border Wall. 3 Things to Learn from the Existing Border Fence.

  • Eminent Domain was used to erect current border divisions.
  • Nearly all the land on the Texas border is privately owned
  • Its not going to be a fast process, the last litigation process was long and costly for the government. 

Houston Chronicle | Border residents wonder what it will be like to live in shadow of President-elect Trump’s wall

Eminent Domain Compensation in Texas Lacking After SB 18. 3 Key Points.

In supporting the newly formed texas Property Rights Initiative, the Texas and Southwestern Cattle Raisers Association representative mentioned 3 issues about eminent domain compensation:

  • eminent domain does not involve a willing buyer and a willing seller
  • Eminent domain compensation increased in court
    • the TSCRA representative’s family property in 2 eminent domain disputes was awarded 600 times & 10 times more after fighting the taking in court.
  • Current law favors for-profit…

Texans for Property Rights Initiative. Who. What. Where.

WHO: Texans for Property Rights Initiative includes:

  • Texas and Southwestern Cattle Raisers Association
  • Texas Farm Bureau
  • Texas Wildlife Association
  • Texas Forestry Association
  • South Texans’ Property Rights Association
  • Texas Poultry Association
  • Texas Sheep and Goat Raisers Association
  • Independent Cattlemen’s Association
  • Texas Grain Sorghum Association
  • Plains Cotton Growers, Inc.
  • Corn Producers Association of Texas
  • Riverside & Landowners Protection Coalition
  • Texas Land &…

What is the #1 thing to do if a company wants to acquire land, but eminent domain authority is nebulous?

If an entity wants to acquire land, and may or may not have the power of eminent domain, how does the entity acquire land?

By offering above market value for land. At least, that’s what Texas Central Rail is offering to avoid eminent domain.

Community Impact | Rural residents, high-speed rail proponents clash at community forum

Compensation for unusual lands. Valuing Mineral Rich Land near UFOs. 3 Key Points on Just Compensation for Unique Land.

What land near UFOs is there a pre-eminent domain negotiation for value? The Groom Mining Land near Area 51

What value does the property owner appraisers give the land?  $44 million and $116 million

What’s the offer from the federal government? $333,300 with a final offer of $5.2 million

What factors do the property owners say factor into the land’s value?

  • The land is the only privately held land with a view of Area 51
  • An appraiser found the federal government will gain $444…