Valuation of easements As the basis for assessing damages to a landowner
from a condemnation, evidence of sales of freely ne- gotiated comparable easements should be admissible in condemnation proceedings.
Bond requirement Some condemnors have refused to purchase a bond
and then claimed bankruptcy or insolvency to avoid payment to the landowner for just compensation. A condemning entity should be required to either pay the jury award or secure a bond in the amount of the jury award to guarantee payment to a prevailing landowner at the conclusion of the legal proceedings.
Royalty payments Often landowners are not aware that they can re-
quest royalty payments as an option in negotiating payment. Statute should state condemning entities and property owners can agree to royalty payments. This option should be permissive but noticeably available to property owners.
Possession-and-use agreements/property taxes When landowners transfer possession of their prop-
erty to condemning entities under possession-and-use agreements, they still have to pay taxes on the con- demned property. Dispossessed property owners should not have to pay taxes on condemned land.
tscra.org #CattleRaisers
Appraisals Some condemning entities are taking advantage of
a loophole in the law regarding appraisals. Although entities will make an appraisal available at the time of initial and fi nal offer, they are being allowed to present a new or updated appraisal immediately be- fore a commissioner’s court hearing. Appraisals or opinions of property value and damages caused by the condemnation should be made available to the property owner at the time of the initial offer, no less than 3 business days prior to the special commis- sioner’s court hearing. Visit
texansforpropertyrights.com to read more
about each of these issues and learn more about the solutions TSCRA and allied organizations have pre- sented. Sign up for the newsletter so we can keep you informed of progress and let you know when we need your help. Share your experiences with your State Senator and
Representatives to let them know how important this effort is to protecting the rights of property owners. Share your experience with us, either through the website or by contacting your TSCRA director or one of the TSCRA staff . Your offi cer team, committee leaders and the staff
are prepared to go on the offense on this issue. Be ready to answer our call for help to protect the rights that are so important to our society. ❚
January 2017 The Cattleman 93
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