Todd Law Firm July 2019

July 2019

www.DavidToddLaw.com 512-472-7799

Eminent Domain | Family Law | Personal Injury

The Special Commissioners’ Hearing A Unique Feature of Eminent Domain Law

Eminent domain (or condemnation) is a peculiar process. One unusual feature is the special commissioners’ hearing. Here’s how it works. The government or a private company wants to use all or a portion of your land for a public project. To do so, they first are required to try and reach a settlement agreement with you. A right-of-way agent contacts you, offers you a price, and hopes you’ll accept it. If you don’t reach an agreement, the company will sue you in hopes of settling the matter in court. Before that court date can happen, though, your case will go to a special commissioners’ hearing. The panel consists of three land owners from the county who are appointed by the court. Each side has a chance to explain their position before the commissioners decide on a settlement figure. If either side rejects the commissioners’ conclusion, the claim moves into the courts. experience with eminent domain law. Although they are supposed to be neutral, the appointed commissioners tend to see the same attorney representing the condemning authority (the one taking your property) over and over again, while they may only meet the landowner and their lawyer for the first time at a hearing. This can lead some commissioners to favor the condemning authority over the landowner. Combined with the unequal resources of each side (the company behind the project has lots of lawyers and lots of money to fight to get your property for the lowest possible Rather than being presided over by a judge, the hearing is run by the special commissioners. The commissioners do not have to be lawyers and do not have to possess any previous

amount), this favoritism can make the special commissioner hearing process a true David and Goliath situation. Remember that the company seeking an easement always wants to get you to accept the lowest possible offer. If you’re not careful, a special commissioners’ hearing can enable them to do just that. Working with an attorney who understands the ins and outs of the process is your best chance to level the playing field and achieve a desirable outcome. I work on a contingency-fee basis, so I only get paid if I get you more than the condemning authority’s offer. That means there’s no downside to seeking help with your situation. You should at least discuss your case and your options with an eminent domain attorney as soon as possible. You should never go to a special commissioners’ hearing without legal representation. To give you a sense of just how arcane this process is, I’ll tell you that one of my clients at a recent hearing was an attorney himself. But with no experience in the strange world of eminent domain law, he sought me out to

represent him. If somebody with a law degree knows they need help when it comes to handling a condemnation case, it goes without saying that people with no legal training should also get help. I’ve written the “Texas Eminent Domain Guide” that you can download on my website to help you understand how condemnation law works and provide background on every aspect of this process. If you’re going through an eminent domain claim or if you live on land where one is likely, I hope you’ll read the guide and reach out for help.

-David Todd

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3 FAMOUS UFO SIGHTINGS (BESIDES ROSWELL) Did You See That?

Going stargazing this summer? Be sure to keep your eyes out for unidentified flying objects (UFOs)! July 2 is World UFO Day, commemorating the supposed UFO crash that took place in 1974 in Roswell, New Mexico. Everyone knows about the strange things that happened in Roswell, but let’s look at a few lesser-known, but no less strange, UFO sightings.

object giving off lights and still moving. The object was gone when police arrived, but they found unusual markings at the site. A few days later, more servicemen went into the forest where they spotted three mysterious bright lights in the sky that shone for hours.

EAST COAST GO FAST VIDEO

THE FIRST FLYING SAUCER

In 2015, a U.S. Navy Boeing F/A-18F Super Hornet strike fighter captured video of a bizarre, fast-moving object that had no visible wings and emitted no heat or no exhaust trail. The video, which can be viewed at COI.ToTheStarsAcademy. com/2015-go-fast-footage, shows the object in the fighter’s targeting system. The pilot and the weapon systems officer can be heard shouting and asking, “What is that, man?”The video leaked in 2017 along with news of the Advanced Aviation Threat Identification Program (AATIP), a secret U.S. government organization investigating UFOs. Most UFO sightings have rational explanations. Even the famous Roswell Incident was proven to be debris from a surveillance program the U.S. military used to spy on the Soviet Union. But there’s something to be said about how a UFO sighting makes us look up at the night sky and wonder if we’re not alone.

On June 24, 1947, civilian pilot Kenneth Arnold was flying his plane near Mount Rainier in Washington when he reported seeing nine blue, glowing objects flying in a V formation at around 1,700 mph. Arnold would later describe the crafts’motions like “a saucer if you skip it across water.”The government confirmed there were no aircraft tests in the area that day. In the following weeks, other sightings of Arnold’s flying saucers would crop up across the region.

THE RENDLESHAM FOREST INCIDENT

Things got weird at a Royal Air Force military base in England on Dec. 26, 1980. At around 3 a.m., two Air Force members saw odd lights falling into the nearby Rendlesham Forest. They reported finding a metallic

Gone to the Dogs HOW CAN A THIEF SUE THE FAMILY HE ROBBED?

Have you heard the story of Terrence Dickson? Even if you don’t know the name, you might have heard his strange tale. Dickson was a burglar in Bucks County, Pennsylvania. One day, after breaking into a house and helping himself to some valuables, Dickson decided to leave through the garage. After discovering the automatic garage door was stuck closed, Dickson turned around and was horrified to realize he’d locked himself inside. To make matters worse, the family he was stealing from had just left for an extended vacation, so Dickson lived off of soda and dried dog food for eight days. When the family returned and found the unlucky burglar, a lawsuit was filed — by Dickson! He sued for mental anguish, and the jury awarded him $500,000. There’s nothing that shakes our faith in the justice system quite like injustice being served. When Dickson’s story first gained notoriety in 2001, thanks to an email circulated by the now-defunct Stella Awards newsletter, which highlighted “outrageous lawsuits,” people were rightfully enraged. There was just one problem: Terrence Dickson never existed. In 2002, a reporter from Pennsylvania contacted the Bucks County prothonotary’s office, where all records for civil cases in the county are kept. He discovered there was no record of any cases involving such a burglar. It’s worth noting the original email where this story

first appeared ended with a call for tort reform from a made-up law firm in Ohio. Likely, this hoax was an attempt to manipulate the public perception of the justice system. Despite being debunked 17 years ago, this tall tale still makes the rounds and often appears on lists of “outrageous lawsuits,”many of which are featured on the websites of legitimate law firms! There are plenty of wacky legal cases, but when a story is too ridiculous, there’s a good chance a few important details are being left out or the readers are being lied to. Don’t believe everything you read online!

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TAKE A BREAK

BEWARE THESE RETIREMENT

SPENDING MISTAKES

Common Financial Pitfalls

The bulk of retirement planning is spent discussing how you will save money in the years leading up to the end of your career, but that’s only half of the picture. Once you enter retirement, your focus shifts to the smartest way to divest your money for both your own enjoyment and your continued financial security. There are countless ways to wisely spend your nest egg, such as taking trips, providing for the education of your grandchildren, and more. However, this article isn’t about good ideas. Instead, let’s talk about some of the worst ways to spend your retirement funds. The appeal of a timeshare seems obvious. It’s a space of your own for a few weeks of the year, and you get to enjoy a nice change of pace from your regular environment. The problem is that these properties are full of hidden costs and have been outpaced by other vacationing options. In a world where you can book an Airbnb with just a few clicks, timeshares are poised to become a relic of a past age. Hackers and cyberscammers love to prey on the elderly. As gross as it may sound, they know that older generations tend to be less tech savvy than their younger counterparts. You should be wary of online offers that look too good to be true. If you have even the slightest doubt, have a loved one take a look at the offer to ensure you’re not being scammed. Never provide your private financial data to a source you don’t absolutely trust. TIMESHARES ONLINE SCAMS

JUICY LUCY SLIDERS

Inspired by Bon Appétit Magazine

Ingredients

2 lbs. ground chuck beef, 20% lean 8 slices melting cheese (like American, Swiss, Muenster, or cheddar)

16 small potato rolls, toasted

Salt and pepper, to taste

Your favorite burger accompaniments

TCHOTCHKES

Directions

Many of us have walked into the house of an older relative to find a room full of American Girl dolls or a display case of Candlewick glassware. Collecting can be a rewarding hobby when done in moderation, but amassing junk simply for its own sake is a waste of money and space. Make sure you’re acquiring objects because you truly want to treasure them.

1. Divide beef into 16 evenly sized balls. 2. Rip cheese into roughly equal pieces, creating 16 equal portions. 3. Using your index finger, create a small indentation in each ball. 4. Fill indention with cheese and pinch meat around to seal. Then gently form balls into 3/4-inch-thick patties. Season patties. 5. Meanwhile, heat a cast-iron skillet to medium-high. 6. Lightly coat skillet with oil and cook patties in batches. Brown one side undisturbed, about 3 minutes. Carefully flip and cook until desired doneness, about 3 minutes for medium. 7. Serve on toasted potato rolls with your favorite accompaniments.

RUSHED RELOCATIONS

In general, real estate-based purchases can be extremely beneficial for retirees. The exception to this rule is a spur-of-the-moment relocation in order to be closer to your family or a retirement community. Because real estate transactions are so expensive, it’s best to approach them with extreme care and due diligence.

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Eminent Domain | Family Law | Personal Injury

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INSIDE THIS ISSUE

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A Tricky Aspect of Condemnation

Juicy Lucy Sliders The Worst Retirement Spending Decisions Going Stargazing? Watch Out for UFOs! Did You Hear About the Dog Food Burglar?

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The Madden Curse

ON THE TRAIL OF THE MADDEN CURSE Truth, Lies, and Superstition

There is no urban legend in the world of modern video games as well-documented as the so-called “Madden Curse.”The curse revolves around the highly sought-after cover spot of the popular NFL video game “Madden NFL,” formerly known as “John Madden Football.”While the games date back to 1988, the curse is said to originate with the 1999 version. Garrison Hearst, a popular running back at the time, broke his ankle shortly after being featured on the cover of the 1999 edition. This was the first in a long line of injuries and personal issues that resulted in the rumor gaining traction. Soon, the idea

as coincidence. Despite the ambivalence of many players, there does seem to be a correlation between the cover and player issues. Of the 22 players who have been featured on the cover, 16 of them have suffered from significant issues in the season that followed. While the causes varied, with severe injuries, contract disputes, and personal issues all afflicting different players, something about the spotlight appears to have disturbed the powers that be. In fact, sometimes these issues occur shortly after the game is released in stores.

that the game’s seemingly innocent cover could have devastating effects on a player’s career was widespread. Once a substantial honor in the world of football, the Madden cover spot has become one of the sport’s most feared superstitions for fans.

Whatever the true cause, the curse seems to have taken a dip in recent years. Only one of the last five players has been affected, a stat that bodes well for this year’s star: Kansas City Chiefs quarterback Patrick Mahomes. The real answer probably lies somewhere between fact and fiction. The increased pressure of national attention is bound to make players tense up every once in a while, and in a game as physical as football, any distraction can end in disaster.

The players, however, seem to find the correlation more amusing than scary. Most of the athletes in contention for the spot still consider it to be a great honor, choosing to brush off the rumors

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