Condemnation

Relinquishment Act of 1919

Relinquishment Act  In Texas, there is a little-known corner of the General Land Office that deals with a specific kind of property: “Relinquishment Act Land.” The Relinquishment Act of 1919 is an obscure piece of legislation that sparked a constitutional fight, lasting until 1928, over the powers of the Government. From his blog, John McFarland…

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Adverse Possession Claims in Texas

Adverse Possession is a misunderstood legal concept that gains popularity occasionally when a news story or rumors circulate about an absurd situation. The reality of Adverse Possession is often much less interesting and far more complicated. Adverse Possession, in a general sense, is a legal concept stating that, if you possess and occupy a piece…

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The Texas Open Beaches Act: Severance v. Patterson

Real Property disputes are some of the most frequent cases we take on at our firm. You can view previous blog posts regarding other cases here. Along Texas beaches, unique issues of ownership due to the natural erosion and growth of beaches frequently comes up. The Texas Open Beaches Act ensures that the public has…

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Stages of Condemnation in Texas

Condemnation in Texas (i.e., Eminent Domain) is a process whereby a State or other entity with the power of Eminent Domain may take all or a part of your property for adequate consideration. The process has three stages. The first stage is informal. In this stage, you are usually contacted by a landman or by…

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Understanding Condemnation

By Don R. White Condemnation sometimes referred to as eminent domain, is the taking of private property, for public use. When these types of actions are initiated, the issues of value/adequate compensation, and whether the land being taken is intended for public use become key. Understanding how condemnation proceedings work is important for landowners, because…

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Condemnation Through Eminent Domain

By Don R. White Condemnation is the process by which a state, public utility, authorized private entity or federal entity takes private property for a public purpose. In doing so, the government entity exercises the power of Eminent Domain. With this power, a government entity can take ownership of private property if two conditions are met: 1)…

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Real Estate Options – SIMPLIFIED!

An option is a right to do something on specified terms and within a specified time period. Options typically have a set duration, and after that time the option expires and can no longer be exercised. In Texas, the most common type of real estate contract that most people will enter into is the Texas Real Estate…

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What You Should Know About Inverse Condemnation

In the United States, federal, state and local governments have the power to seize private land or property for pubic use. This power, known as eminent domain, can seem unfair or unnecessary to private property owners, but it is permitted by our Constitution as long as the property owners receive just compensation. However, if there…

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What to Ask a Real Estate Lawyer

Real estate lawyers are invaluable assets to have on your side to provide sound guidance and counsel for a myriad of issues pertaining to property law. Generally speaking, however, low-key real estate transactions do not necessarily call for an attorney’s expertise. People oftentimes reach out to their real estate broker or agent when questions about…

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SCOTUS Issues Important Condemnation Ruling

When most people think of walking along railroad tracks, they conjure up images from classic films or their own youth. In 1986, however the Rails-to-Trails Conservancy, an American nonprofit organization based in Washington, D.C. was created to capitalize on a little-noticed section of The Railroad Revitalization and Regulatory Reform Act of 1976 (known as the…

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