I was reading an article about eminent domain and pipelines in Texas the other day. Landowners there have had enough and are pushing for eminent domain reform in their legislature.
This caught my eye:
This caught my eye:
TACTICS
Pack said that contractors for the pipeline companies simply show up at residences, with no advance notice.
“They drive up, they knock on your door,” Pack said. “They’re all contractors. You don’t ever meet anybody that works directly with the company. They’re all contractors who are paid to get things done, to get you to sign. They tell you what they want to do, they make you a lowball offer and they try to get you to sign that day. And if you don’t, then they tell you that they’ll sue you for eminent domain.”
Pack said there is a phrase describing such tactics.
“Their immediate threat is, if you don’t sign, we’ll sue you for eminent domain and take it anyway. And that’s why most people sign. They call it pickup hood signings. Most people sign on the pickup hoods because, you say lawsuit and it scares them to death.
“They brag about a 95 percent settlement rate. The pipeline industry will tell you that there’s nothing wrong with the system, that they settle 95 percent of the cases. That’s not indicative of a fair system, that’s indicative of a system that’s so one-sided and so unfair that people are either afraid or can’t afford to fight.”
Pickup hood signings. Kitchen table signings. Binding legal documents being signed at the landowner's home without legal counsel of any kind. This just isn't right, and it needs to change.
Someone making a voluntary real estate transaction without a lawyer may be known as a fool. How many people have ever bought or sold property without a lawyer? Not many. Ask any expert and they would advise against doing so. Take a bad real estate transaction without counsel to court and the judge would probably laugh at your foolishness.
So why is this acceptable when for-profit utilities and other corporations with state-granted eminent domain authority want to acquire land rights? Why do we let corporations get away with taking advantage of landowners this way?
The corporation is well-represented by a fat legal team who writes the easement contract in the company's best interests. That's who's really calling at your door -- a high-dollar attorney whose job is to protect corporate interests and assist in creating profit. Except that guy (or gal) isn't at your kitchen table... he sends some "aww shucks" down-to-earth land agent whose job is to convince you to sign on the dotted line. Just a couple of good ol' boys doing a handshake deal and he can write you a check on the spot! What a deal!
Except it's not. And if you resist, they simply send others until they find an agent who fits your expectations better, or threaten to sue you (or maybe arrest you... it's happened). If you want professional advice before signing, it's discouraged. And, of course, it's on your own dime. Why?
Real eminent domain reform would make the utility or corporation cover the cost of an independent attorney of your choosing to represent you. All deals would happen at a lawyer's office, not on a pickup hood. The kinds of lies land agents tell to landowners would dry up if it was two attorneys negotiating. But that's too expensive, right? No. Having your attorney deal directly with the corporation's attorney cuts out the middle man, the land agent. The amount of money utilities spend on land acquisition contractors is astounding. But they're happy to do it because a land agent can tell you whatever lies facilitate your signature and then claim to have never said that if you repeat the story.
Having the corporation's attorneys prepare and present an agreement for landowner signature is also something that needs to go. A legal agreement should be edited by attorneys for both parties. Just because a corporation is offering one thing doesn't mean the landowner has to accept it. Prepare your own agreement, or edit theirs to suit your best interests.
If corporations had to provide counsel and negotiate with landowners in the sunshine before filing condemnation, things would be fair to both parties. Right now, they're terribly one-sided.
Why? Because corporations also write eminent domain laws to suit their interests and profits and your legislators just roll over and cash the campaign contribution checks.
It's about time we reform eminent domain laws in every state!
Someone making a voluntary real estate transaction without a lawyer may be known as a fool. How many people have ever bought or sold property without a lawyer? Not many. Ask any expert and they would advise against doing so. Take a bad real estate transaction without counsel to court and the judge would probably laugh at your foolishness.
So why is this acceptable when for-profit utilities and other corporations with state-granted eminent domain authority want to acquire land rights? Why do we let corporations get away with taking advantage of landowners this way?
The corporation is well-represented by a fat legal team who writes the easement contract in the company's best interests. That's who's really calling at your door -- a high-dollar attorney whose job is to protect corporate interests and assist in creating profit. Except that guy (or gal) isn't at your kitchen table... he sends some "aww shucks" down-to-earth land agent whose job is to convince you to sign on the dotted line. Just a couple of good ol' boys doing a handshake deal and he can write you a check on the spot! What a deal!
Except it's not. And if you resist, they simply send others until they find an agent who fits your expectations better, or threaten to sue you (or maybe arrest you... it's happened). If you want professional advice before signing, it's discouraged. And, of course, it's on your own dime. Why?
Real eminent domain reform would make the utility or corporation cover the cost of an independent attorney of your choosing to represent you. All deals would happen at a lawyer's office, not on a pickup hood. The kinds of lies land agents tell to landowners would dry up if it was two attorneys negotiating. But that's too expensive, right? No. Having your attorney deal directly with the corporation's attorney cuts out the middle man, the land agent. The amount of money utilities spend on land acquisition contractors is astounding. But they're happy to do it because a land agent can tell you whatever lies facilitate your signature and then claim to have never said that if you repeat the story.
Having the corporation's attorneys prepare and present an agreement for landowner signature is also something that needs to go. A legal agreement should be edited by attorneys for both parties. Just because a corporation is offering one thing doesn't mean the landowner has to accept it. Prepare your own agreement, or edit theirs to suit your best interests.
If corporations had to provide counsel and negotiate with landowners in the sunshine before filing condemnation, things would be fair to both parties. Right now, they're terribly one-sided.
Why? Because corporations also write eminent domain laws to suit their interests and profits and your legislators just roll over and cash the campaign contribution checks.
It's about time we reform eminent domain laws in every state!
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