By Don White | Published June 23, 2015 | Posted in Condemnation, Eminent Domain, Real Estate & Condemnation, Real Estate Law | Comments Off on Understanding Condemnation
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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 Read More
Read MoreTaking a Bite out of Your Homeowner’s Association Assessment Lien
By Jeffrey A. Hines Prior to January 1, 2012, when the Texas Residential Property Owners Protection Act became effective, Homeowners Associations (HOAs) were filing liens on their members’ homes for non-payment of annual dues, fees, and assessments, and then selling those homes at foreclosure sales for a fraction of the home’s value. The Texas Legislature Read More
Read MoreIf You Don’t Reserve It, You Lose It!
By Don R. White, Jr. – Attorney at Law This article discusses some unusual aspects of Real Estate Law concerning Mineral Rights. Generally speaking, in a deed, if you as the Seller do not reserve the mineral rights, then the mineral rights pass with the property to the Buyer. In the usual situation we are Read More
Read MoreWhy Does a Lawyer Cost So Much?
Why Does It Have to Cost? I know his brother, you think to yourself as you sit across from the lawyer, wondering why the retainer he just quoted you didn’t seem to include any discount. “And this retainer is no indicator of how much this may ultimately cost,” the lawyers says. What?!? MAY? ULTIMATELY? COST? Read More
Read MoreWhy Choose a Board Certified Lawyer?
Choosing the right lawyer for your legal matters can become a little daunting when everyone claims to be the best. However, by picking a Board Certified lawyer, you are choosing a highly esteemed and skilled professional in his or her particular field of law practice. What Does Board Certified Mean? Attorneys who are Board Certified Read More
Read MoreSeller’s Property Disclosure — It’s the Law
This post will discuss a common area of concern that arises in real estate sales and purchases — seller’s property disclosures. We will address the following questions: What disclosure is required? Why is disclosure required? What happens if I don’t disclose? Who can be liable for disclosure issues? Texas law requires that a seller of Read More
Read MoreCondemnation 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) Read More
Read MoreIntroduction to The Clean Water Act
This article is intended to provide a brief overview of a newly proposed EPA rule designed to clarify federal jurisdiction under the Clean Water Act. First, a brief history. The law commonly known as the Clean Water Act was passed by Congress in 1972. The Act and its subsequent amendments prohibit discharges of pollutants, dredged, Read More
Read MoreReal 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 Read More
Read MoreHow to Gain Access to Landlocked Property
This post discusses the two most common methods of creating an easement where a written easement document doesn’t exist. Though written easements are fairly common, an easement can also be established without a written document. What happens when a piece of property is totally landlocked? Can you just drive across your neighbor’s land to get Read More
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