August 2019
www.DavidToddLaw.com 512-472-7799
Terms of an Easement It’s Not Just About the Dollar Amount Eminent Domain | Family Law | Personal Injury
When the government or a private company wants to use your land for its purposes, they draft up a document detailing the terms of their agreement with you, the property owner. This document, called an easement, is an essential part of the eminent domain process. Understanding what it is, how it works, and what to look for will go a long way in providing you peace of mind about the process. In the most basic terms, an easement is a contract detailing how and why an entity will use your land, and how they’ll compensate you for doing so. Technically speaking, an easement doesn’t give full ownership of the land from the property owner to the entity using it. Instead, it gives them the right to use that land under the conditions specified. This condition, called legal right of way, is usually granted on a permanent basis, which means you need to be sure you are getting favorable terms before you sign any deal. You won’t get a chance to renegotiate or alter terms years down the road, so you have to get it right the first time. As an eminent domain attorney, I’ve learned most people aren’t aware of what to look out for and what to ask for in an easement. And the sad truth is that’s just how the companies that create these documents like it. A right-of-way agent may point you to specific provisions in the easement, assuring you it’s what you hoped for, but you should never sign an easement without thoroughly reading it for yourself or having an attorney review it. There’s too much at stake to simply take their word for it. Easily the biggest mistake I see people make when it comes to assessing an easement is solely looking at the dollar value offered. Of course, how much money you’ll receive is a huge factor, but it’s far from the only one. If the company will be digging up your land,
how will they restore it? What happens if they screw up a power line while working? Will they provide fencing and other structures to clearly mark where the project is running? If a pipe ruptures and damages land not covered in the easement, how will you be compensated? These are just some of the considerations that may be covered in an easement. You have to be willing to analyze the document from all sides to determine whether you should sign the agreement. And again, you really only get one shot at doing it right. The company handling the easement may try to persuade you to not work with an attorney. They know clients who consult lawyers receive better easement terms and more money than those who don’t. In rare cases, the price you’re paid for an easement may go up while it actually becomes less valuable due to other clauses disappearing. Situations like these are exactly why it’s best to speak with an attorney as early as possible.
In life, we’re often told to read the fine print, and that’s especially true when it comes to easements. Before you talk to anyone or sign any agreements, you owe it to yourself to read my “Texas Eminent Domain Guide,” which you may download free on my website DavidToddLaw.com. It will explain the condemnation process, help you avoid common mistakes, and better protect your rights in the eminent domain process.
-David Todd
www.DavidToddLaw.com | 1
Published by The Newsletter Pro • www.newsletterpro.com
HELPING HUMANS SLOW DOWN AND LOOK UP The Art of Stargazing
Modern humans are stuck in a routine of expected and constant industriousness. But with all this rushing, people often drag themselves home at night with no energy left to enjoy the most splendid show nature has to offer: the wondrous night sky. Most people go through life looking straight ahead, but if they would stop and peer skyward, they’d bear witness to a massive, unexplored frontier made up of the moon in all its phases, burning stars sailing through the sky, constellations with epic origin stories, and meteor showers bright enough to warrant sunglasses. If you’re looking for a hobby to help you slow down and appreciate the world around you, stargazing is a great option. Here are some tips to get you started. 1. The Higher, the Better If you’re a city dweller, meander a little way out of town or try to find a tall building to keep the light pollution to a minimum. 2. Extra Set of Eyes While novice stargazers often want to immediately throw their money at a new telescope, astronomy experts recommend starting with binoculars instead. You’ll need
to identify several anchor planets or constellations to help you navigate the sky before using a telescope.
3. Utilize Assets Put your phone to good use by downloading apps like Stellarium, Starwalk, and Google Sky Map. Each of these apps offers a unique benefit for aspiring stargazers. For example, Starwalk lets you point your phone at the sky to see stars, constellations, and planets in real time based on your location. 4. Mark Your Calendar In 1972, beloved singer-songwriter John Denver wrote about a meteor shower he witnessed during a camping trip in Colorado. He describes the scene by singing, “I’ve seen it raining fire in the sky.”The “fire” he recounted was actually the Perseids meteor shower, the most recognized shower on Earth. This astrological wonder takes place every year from July 17 to Aug. 24. During this time, viewers should be able to see shooting stars associated with the Perseids, but the shower reaches its maximum rate of activity on Aug. 12–13 this year. Grab some friends and family, and head outdoors to put your newfound stargazing knowledge to work. experienced a traumatic event during a routine trip to the lady’s room. In 2007, a schlocky horror plot came to life in a building along Philadelphia’s famous Market Street. The culprit was a faulty plumbing system. The woman was inside a restroom stall on the eighth floor, and, as she sat on one of the old toilets customary in the building, pressure building from inside the tank caused a massive explosion that sent her body hurling out of the stall. You don’t need to know the details of her injuries to understand the extent of her grievances. Some forms of suffering are better left to the imagination, especially if the aggressor was a literal stink bomb. She sued the building’s landlords for anxiety, pain, and medical expenses, but it’s hard to determine which party was truly at fault without more information. IT’S RAINING CATS AND DOLLARS You can’t predict the weather, no matter what your weather app says, but some people tend to forget that. A few years ago, an Israeli weatherman was faced with a lawsuit by a woman who claimed his inaccurate forecast caused her a great deal of suffering. She claimed he misrepresented a particularly harsh day in the forecast, and it encouraged her to wear insufficient layers that left her health to the whim of the elements. As a result, the woman caught the flu from the downpour and missed work for four days. Citing lost income, large medication costs, and tremendous anxiety, she sought reparations from the fraudulent weatherman and was amazingly awarded a four- figure settlement!
The Right Place at the Wrong Time A LOOK AT SOME INTERESTING PERSONAL INJURY CASES
There is no shortage of crazy cases that come through a court of law, but those revolving around personal injury can be especially surprising. Whether it’s a slip-and-fall accident or something a little more eccentric, there are a million ways to hurt yourself while simply going about your day. The problems arise when it’s determined to be another party’s fault. Let’s take a look at some notably strange cases where bizarre miscalculations led to injuries and ailments. AS BELOW, SO ABOVE Time spent in the restroom is inherently private. We don’t normally talk about it, but that’s not the case for a Pennsylvania woman who
2 | 512-472-7799
Published by The Newsletter Pro • www.newsletterpro.com
TAKE A BREAK
WHAT’S NEXT FOR MARVEL MOVIES? 3 Marvel Movies to Watch out For
For the past 10 years, Marvel movies have delighted families and comic book nerds alike with their memorable characters, incredible action scenes, and sprawling, interconnected storylines. The Marvel Cinematic Universe (MCU) is the story of the Avengers so far, told through 23 movies. Even though this year marked the end of a massive arc that Marvel Studios dubbed “The Infinity Saga,” there are still more movies coming out that will feature everyone’s favorite heroes. Here are a few films coming up next in the MCU. International assassin Black Widow, played by Scarlett Johansson, was the first female member of the Avengers and made her debut appearance in “Iron Man 2.” She never got her own movie, but Marvel announced recently that a Black Widow movie is officially in the works for the next phase of Marvel movies. Besides the fact that they’ve started filming, there’s not much information about it yet. But for many excited fans, this movie has been a long time coming. A BLACKWIDOW SOLO MOVIE
ROASTED CORN SALSA
‘GUARDIANS OF THE GALAXY VOL. 3’
Ingredients
Inspired by Bon Appétit Magazine
Star-Lord, Rocket, Groot, and the gang are all back in the third installment of this smash-hit franchise. Without getting into too much detail, “Avengers: Endgame” and the post-credits scene of the second “Guardians”movie provided some clues about the plot and possible main villain. Though details are slim, “Vol. 3” is sure to be another rollicking ride through the cosmos.
•
2 medium ears of corn, shucked
•
1 large tomato, cored, seeded, and finely chopped
•
1 jalapeño or Fresno chile, seeded and thinly sliced
•
1/4 bunch cilantro leaves, sliced
•
1/2 red onion, diced
•
Juice of 1 lime
•
Kosher salt, to taste
‘BLACK PANTHER 2’
Directions
“Black Panther”was immensely popular (it earned nearly $700 billion domestically), and its success removed all doubt that there would be a sequel. Audiences will journey back to Wakanda and see the newest adventures of King T’Challa and crew, although not much is known about the plot or the release date as of now. But you can rest assured that the creative minds behind the sequel are taking their time to make it as good as the first. The future storyline of the MCU is up in the air, but, if the previous movies are any indicator, families, fans, and audiences everywhere have a lot to look forward to.
1. Heat a cast-iron skillet to high. Char corn, turning occasionally, for 10–14 minutes until kernels begin to blacken in spots. 2. Using a sharp knife, remove corn kernels from cobs and transfer to a large mixing bowl. 3. With a wooden spoon or potato masher, gently crush corn to release starch and juices. 4. Add jalapeño, onion, tomato, and cilantro. Mix to combine.
5. Top with lime juice and season with salt. 6. Serve alongside your favorite tortilla chips.
www.DavidToddLaw.com | 3
Published by The Newsletter Pro • www.newsletterpro.com
PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
Eminent Domain | Family Law | Personal Injury
3800 N. Lamar Blvd., Ste. 200 Austin, TX 78756
512-472-7799 Free Legal Guides at: DavidToddLaw.com
INSIDE THIS ISSUE
1
An Easement Isn’t Just a Check
Roasted Corn Salsa The Next Phase of Marvel Movies The Art of Stargazing Bizarre Personal Injury Cases
2
3
4
How to Best Protect Yourself From Scam Calls
RING, RING — IT’S A ROBOT What You Can Do to Protect Yourself From Phone Scams and Robocalls
PUT UP SOME DETERRENTS. You can even go a step further and block the calls. Many phone service providers offer call-blocking options, including AT&T, Sprint, T-Mobile, and Verizon. You can sign up for this service in-store or on your service provider’s website. Each service costs about $4 per month. There are also a number of call-blocking apps available on Android and Apple devices, but if you subscribe to a blocking service through your phone provider, these apps are unnecessary.
Two of the most common scams are phone scams and robocalls. These calls are incredibly annoying and can trick you out of valuable information if you’re not careful. While it might seem like these scams are inescapable, there are some precautions you can take to avoid their traps. GIVE THEM THE SILENT TREATMENT. One thing you can do to avoid these fraudulent, time-wasting calls is to simply hang up. If possible, it is best to not answer at all. It’s always good
to have a list of numbers you can reference, so you never have to guess who is calling. Think of it as going one step beyond caller ID. In some cases, answering and then hanging up can actually do more harm than good. Answering the phone gives the scammers confirmation that the number works and that they should try again. Once your number is confirmed as active, it often gets put on an “active number” list that can then be sold to other scammers who market in these types of phone numbers. If you can’t verify who is calling without picking up, don’t answer. Let it go to voicemail. If it’s important, the person will leave a legitimate message and you can respond afterward.
Finally, you can sign up for the Federal Trade Commission’s “Do Not Call” program (DoNotCall. gov). While the Do Not Call program can help cut back on calls, this list is largely ignored by scammers. If you’re getting a ridiculous number of robocalls every day, signing up can offer you some brief respite. Thankfully, Congress is already attempting to fix this problem by making it harder for scammers to call you. But until they are able to pass tough, effective legislation, it is up to us as consumers to remain vigilant and do what we can to keep our personal and financial data safe and secure.
4 | 512-472-7799
Published by The Newsletter Pro • www.newsletterpro.com
Made with FlippingBook flipbook maker