馃攳
What Are Eminent Domain and Condemnation in Texas - Attorney Philip Hundl - YouTube
Channel: Texas Condemnation Rights
[0]
hi my name is phillip hundle i'm an
[2]
attorney with waddler purchase hundle
[4]
and kerlick here in wharton county
[6]
our law firm serves wharton county and
[8]
surrounding counties in southeast
[11]
texas
[12]
today i'd like to talk about
[14]
condemnation imminent domain proceedings
[18]
landowners are oftentimes faced with
[21]
or are approached by companies
[24]
that are seeking to condemn or take your
[26]
land as a landowner you have rights and
[29]
i'd like to go over your rights and the
[31]
process today
[33]
in this day and age we hear a lot about
[35]
infrastructure infrastructure can come
[38]
in many shapes and
[40]
sizes and forms from power lines to
[43]
pipelines to roadways and if you're a
[46]
landowner and you are confronted with or
[49]
contacted by one of these companies
[52]
or their agents
[54]
about
[55]
seeking an easement or right away from
[57]
you
[58]
you will most likely be faced with a
[60]
condemnation proceeding
[63]
if an arrangement isn't worked out so
[65]
let's talk about that
[66]
can a company just or does a private
[69]
company have the right to take your
[73]
property
[75]
the answer is maybe and it's if that
[78]
private company be it a pipeline company
[80]
or power line company
[83]
has the authority
[85]
governmental authority to
[89]
acquire your land for public use and
[91]
that's i'll use it in quotations of
[93]
public use if it's been determined that
[95]
the activity that the private company
[99]
is seeking to accomplish by taking your
[101]
properties for public use then yes
[104]
it's very possible that they have the
[106]
right or the authorization to condemn
[108]
your property
[109]
and if they do
[111]
then
[112]
there are definitely some some rights as
[115]
a landowner that you have and there's a
[117]
process that you need to understand
[121]
first determining uh if
[124]
the pro the company has the right to
[126]
condemn or not normally the the company
[128]
will present you with a
[131]
an order approving condemnation or a
[133]
letter approving condemnation from some
[136]
governmental entity and if they do
[139]
then they have the right to
[141]
condemn your property but they have to
[143]
follow certain rights that are set out
[145]
in the texas property code chapter 21
[148]
one of which is presenting you with a
[151]
landowner's bill of rights
[153]
and typically
[155]
it will be presented to you in this form
[157]
in english and then also in spanish
[160]
and these are two copies or two examples
[162]
of those
[165]
in the process typically
[167]
in the beginning the pipeline company
[169]
will provide you with
[171]
an appraisal or valuation of your
[173]
property
[174]
and that
[175]
the intention there is to give you an
[177]
idea what they believe your property is
[179]
worth and probably what they're willing
[180]
to pay you for
[181]
uh either acquiring your property or an
[184]
easement or right to to use your
[186]
property
[188]
and if that amount of you know
[191]
compensation is agreeable to you then
[194]
you may have a deal
[196]
but i stress that um
[198]
don't enter lightly into an agreement
[201]
with with a company without better
[203]
understanding your legal rights and that
[205]
would be by contacting an attorney
[207]
who is very familiar with the
[208]
condemnation process
[211]
and by
[212]
exploring your rights you will better
[214]
understand also the the legal
[216]
implications of that legal document that
[218]
they're wanting you to sign be the right
[220]
away agree agreement easement agreement
[223]
or
[223]
a deed that would actually convey your
[226]
property right
[227]
to to the private company uh once you
[230]
understand your legal rights and the
[232]
process
[233]
uh and are familiar with your
[234]
landowner's bill of rights
[236]
then you can
[238]
you know delve into more of the the
[240]
calculation
[242]
of damages or what you believe your
[244]
property is worth uh and how much
[247]
the activities on your property will
[249]
harm your remaining properly property uh
[252]
if if the private company is only taking
[254]
a portion of your land
[256]
uh so there
[257]
definitely needs to be a discussion with
[259]
your legal representation about damages
[262]
and those can be uh monetary or even
[264]
non-monetary damages uh
[267]
that you're seeking
[270]
next i'm going to pick up with more of
[272]
the legal process
[274]
if you cannot reach an agreement with
[276]
with the
[277]
the private company
Most Recent Videos:
You can go back to the homepage right here: Homepage