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  1. #1
    Join Date
    Apr 2008
    Posts
    9

    Question Small Town Encroaching In Texas

    I have land (20 acres, no house) in Texas that has a 60 ft. easement that alllows for the only entrance into a small town. Before I bought the land (probably 14 years before), trees were planted in rows along the road...brick pillars erected...sprinkler system put in place...all maintained by the town. But also, all outside of the easement on both sides of the road. A new developer bought land in the city and doesn't want to pay me the price I have given for the property. If he develops the land, he can't stand the entrance. I have full say so on whether or not the trees, bricks, etc. go or stay. Correct?
    Please help.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Small Town Encroaching In Texas

    If you are dealing with a land developer, he already has an attorney who is prepared to play poker with you.

    You are going to need the advice and representation of a local Texas real estate attorney in this matter.

    Timelines of actions and locations of improvements will be very important for you.

  3. #3
    Join Date
    Apr 2008
    Posts
    9

    Default Re: Small Town Encroaching In Texas

    This is my first rodeo in the land game...where I actually own the land myself. Therefore, very little money for attorney. Hopefully someone on this thread can give me some advice. The developer has deep pockets and the town on their side. But I don't think they have any legal right to the property other than buying it.
    Anyone out there with legal expertise.
    Speaking of the town. The road frontage I had is possibly going away. The road (not the town entrance) was widened and moved about 60 feet. The town asked the County for it and they are considering giving it to the town, according to the minutes of a sub-committee meeting I recently read. No one informed me. What right does the city have? Isn't this abuse of process, to go behind the landowners back?

  4. #4
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Small Town Encroaching In Texas

    Quote Quoting landsales1
    View Post
    ...
    Hopefully someone on this thread can give me some advice.
    ...
    Here is the absolute best advice:

    Quote Quoting LandSurveyor
    View Post
    If you are dealing with a land developer, he already has an attorney who is prepared to play poker with you.

    You are going to need the advice and representation of a local Texas real estate attorney in this matter.

    Timelines of actions and locations of improvements will be very important for you.

  5. #5
    Join Date
    Apr 2008
    Location
    Coppell, Texas
    Posts
    8

    Default Re: Small Town Encroaching In Texas

    seniorjudge is correct. You need a local attorney's help on this.

  6. #6
    Join Date
    Apr 2008
    Posts
    9

    Default Re: Small Town Encroaching In Texas

    Thanks for the advise.
    After consulting two attorneys...I am hearing that, if the County and the town, still want to move this forward...they could be guity of "reverse condemnation". The town would argue that the Engineer for the road widening project has informed them (unknowingly directed what to say by the town), that in the future, maybey 10 years, the road will need to be widened and therefore a bigger entrance to the city for two turn lanes. So the city will say they should be the ones to be given what was my road frontage.
    Anyone agree with "reverse condemnation"? I want to make this as short as possible at 200 an hour and 2500 retainer.
    Thankful,
    Landsales

  7. #7
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Small Town Encroaching In Texas

    Reverse Condemnation implies that property has been already taken for use by a government entity without permission or compensation, which is prohibited by the US and your state constitution.

    Your attorney who is under retainer has an obligation to you to answer simple questions such as this with out further substantial cost to you.

    As a surveyor, I cannot give you legal advice but can only provide anecdotal suggestions based on my own experience.

  8. #8
    Join Date
    Apr 2008
    Posts
    9

    Default Re: Small Town Encroaching In Texas

    In "taking" property, there seem to be several variables as it pertains to eminent domaine. I think the attorney's advise was correct as governmental envolvement detrimental to my adjacent property will constitute compensation.

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