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Re: FAIRFIELD, things are about to get interesting
[Re: RPD]
#14848800
09/27/23 03:29 PM
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Joined: Dec 2003
Posts: 39,834
Allison1
TFF Guru
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TFF Guru
Joined: Dec 2003
Posts: 39,834 |
I hope the meeting is public. I might take the drive down if I could get in. https://texas.public.law/statutes/tex._tax_code_section_1.04Here is a link that shows "market value" as defined by Texas Code. Notice that it requires that they look at the land value with all of its capable uses. That will allow Todd to point out some of his other projects that were hundreds of millions of dollars. No, I did not say he could ask for the developed property price, just a reasonable assessment for what that future project is worth now. He had a plan in place from day one.
I am wrong but you can not prove it, you just believe it enough from the bottom of your heart.....
.......Every post you make I'll be trolling you.
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Re: FAIRFIELD, things are about to get interesting
[Re: pchapin]
#14848839
09/27/23 04:05 PM
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Joined: Aug 2001
Posts: 13,526
Razorback
TFF Guru
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TFF Guru
Joined: Aug 2001
Posts: 13,526 |
Todd told KXAN the property is likely worth much more than that, saying his bank recently appraised the value of the water rights alone at $238 million. He cautioned commissioners against using eminent domain to take over private property.
So the guy whose every move and statement lately has been aimed at negotiating a sale price to the state, which despite all his blustering and bluffing he knows with 100% certainty is going to get the property, is claiming the property is worth way more than double what he paid for it three months ago? Shocking. Just shocking, I tell you.
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Re: FAIRFIELD, things are about to get interesting
[Re: Razorback]
#14848860
09/27/23 04:26 PM
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Joined: Dec 2003
Posts: 39,834
Allison1
TFF Guru
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TFF Guru
Joined: Dec 2003
Posts: 39,834 |
Todd told KXAN the property is likely worth much more than that, saying his bank recently appraised the value of the water rights alone at $238 million. He cautioned commissioners against using eminent domain to take over private property.
So the guy whose every move and statement lately has been aimed at negotiating a sale price to the state, which despite all his blustering and bluffing he knows with 100% certainty is going to get the property, is claiming the property is worth way more than double what he paid for it three months ago? Shocking. Just shocking, I tell you. If the state walked away today he'd be happy. You, not so much. They may get the property. 100% means you just don't understand eminent domain rules.
I am wrong but you can not prove it, you just believe it enough from the bottom of your heart.....
.......Every post you make I'll be trolling you.
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Re: FAIRFIELD, things are about to get interesting
[Re: Razorback]
#14848874
09/27/23 04:32 PM
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Joined: Mar 2017
Posts: 1,538
pchapin
Extreme Angler
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Extreme Angler
Joined: Mar 2017
Posts: 1,538 |
Todd told KXAN the property is likely worth much more than that, saying his bank recently appraised the value of the water rights alone at $238 million. He cautioned commissioners against using eminent domain to take over private property.
So the guy whose every move and statement lately has been aimed at negotiating a sale price to the state, which despite all his blustering and bluffing he knows with 100% certainty is going to get the property, is claiming the property is worth way more than double what he paid for it three months ago? Shocking. Just shocking, I tell you. He seems to be 100% sure they don't have enough money to get the property.
“No reasonable person would conclude that the statements were truly statements of fact” P01135809
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Re: FAIRFIELD, things are about to get interesting
[Re: Allison1]
#14849008
09/27/23 06:36 PM
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Joined: Mar 2019
Posts: 154
Nathan Bass
Outdoorsman
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Outdoorsman
Joined: Mar 2019
Posts: 154 |
Allison, that is a general description of real estate "market value" and not "adequate compensation". In this particular case that does not apply, the court has to follow the actual specific rules set out in the Texas Constitution for eminent domain as listed below in Sec 17. Also make note of subsection (d). To answer your question, the meeting will be public. Please do come down and spend some time with us hillbilly's.... I would love to meet you in person THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTS https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm#1.17Sec. 17. TAKING PROPERTY FOR PUBLIC USE; SPECIAL PRIVILEGES AND IMMUNITIES; CONTROL OF PRIVILEGES AND FRANCHISES. (a) No person's property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person, and only if the taking, damage, or destruction is for: (1) the ownership, use, and enjoyment of the property, notwithstanding an incidental use, by: (A) the State, a political subdivision of the State, or the public at large; or (B) an entity granted the power of eminent domain under law; or (2) the elimination of urban blight on a particular parcel of property. (b) In this section, "public use" does not include the taking of property under Subsection (a) of this section for transfer to a private entity for the primary purpose of economic development or enhancement of tax revenues. (c) On or after January 1, 2010, the legislature may enact a general, local, or special law granting the power of eminent domain to an entity only on a two-thirds vote of all the members elected to each house. (d) When a person's property is taken under Subsection (a) of this section, except for the use of the State, compensation as described by Subsection (a) shall be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities shall be made; but all privileges and franchises granted by the Legislature, or created under its authority, shall be subject to the control thereof. (Feb. 15, 1876. Amended Nov. 3, 2009.)
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Re: FAIRFIELD, things are about to get interesting
[Re: Nathan Bass]
#14849038
09/27/23 07:04 PM
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Joined: Jan 2010
Posts: 651
OkAce
Pro Angler
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Pro Angler
Joined: Jan 2010
Posts: 651 |
Allison, that is a general description of real estate "market value" and not "adequate compensation". In this particular case that does not apply, the court has to follow the actual specific rules set out in the Texas Constitution for eminent domain as listed below in Sec 17. Also make note of subsection (d). To answer your question, the meeting will be public. Please do come down and spend some time with us hillbilly's.... I would love to meet you in person THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTS https://statutes.capitol.texas.gov/Docs/CN/htm/CN.1.htm#1.17Sec. 17. TAKING PROPERTY FOR PUBLIC USE; SPECIAL PRIVILEGES AND IMMUNITIES; CONTROL OF PRIVILEGES AND FRANCHISES. (a) No person's property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person, and only if the taking, damage, or destruction is for: (1) the ownership, use, and enjoyment of the property, notwithstanding an incidental use, by: (A) the State, a political subdivision of the State, or the public at large; or (B) an entity granted the power of eminent domain under law; or (2) the elimination of urban blight on a particular parcel of property. (b) In this section, "public use" does not include the taking of property under Subsection (a) of this section for transfer to a private entity for the primary purpose of economic development or enhancement of tax revenues. (c) On or after January 1, 2010, the legislature may enact a general, local, or special law granting the power of eminent domain to an entity only on a two-thirds vote of all the members elected to each house. (d) When a person's property is taken under Subsection (a) of this section, except for the use of the State, compensation as described by Subsection (a) shall be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities shall be made; but all privileges and franchises granted by the Legislature, or created under its authority, shall be subject to the control thereof. (Feb. 15, 1876. Amended Nov. 3, 2009.) Is Razorback your dad?
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Re: FAIRFIELD, things are about to get interesting
[Re: RPD]
#14849056
09/27/23 07:29 PM
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Joined: Dec 2003
Posts: 39,834
Allison1
TFF Guru
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TFF Guru
Joined: Dec 2003
Posts: 39,834 |
I don't even understand what Nathan was talking about. I read (d) as only meaning that they would either pay Todd or put it in an account that he has access to. Nathan, if they set a date and I can make it, I hope to meet you there. In the Texas Landowners Bill of Rights adequate compensation means market value. Case law is known by both sides. Here is just a little that I have found. Market value is defined as: “[T]he price which the property would bring when it is offered for sale by one who desires, but is not obliged to sell, and is bought by one who is under no necessity of buying it taking into consideration all of the uses to which it is reasonably adaptable and for which it either is or in all reasonable probability will become available in the reasonable future.” City of Austin v. Cannizzo, 267 S.W.2d 808, 815 (Tex. 1954).
In Texas condemnation law, market value property reflects all factors that buyers and sellers would consider in arriving at a sales price. City of Harlingen v. Estate of Sharboneau, 48 S.W.3d 177, 185 (Tex. 2001). In City of Austin v. Cannizo, the Texas Supreme Court explained, “[i]n the willing seller-willing buyer test of market value it is frequently said that all factors should be considered which would reasonably be given weight in negotiations between a seller and buyer.” 267 S.W.2d 808, 814 (Tex. 1954). Yes, cut and pasted this. It just describes how you best and most fairly come to a value when one side does not want to sell and the other requires it.
I am wrong but you can not prove it, you just believe it enough from the bottom of your heart.....
.......Every post you make I'll be trolling you.
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Re: FAIRFIELD, things are about to get interesting
[Re: Allison1]
#14849319
09/28/23 12:57 AM
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Joined: Mar 2019
Posts: 154
Nathan Bass
Outdoorsman
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Outdoorsman
Joined: Mar 2019
Posts: 154 |
Allison, we are kinda talking apples and oranges here. You are referring to a landowners rights description of "Market Value" as it relates to an entity other than the State of Texas. In your example/definition, a City is taking someones land or home for a project, similar to what happened with the Cowboy's Stadium.
In this specific "Fairfield" case, the State of Texas is taking back a public park, "market value" as typically used and "adequate compensation" have different legal meanings.
Compared to other entities that have been granted the right to use eminent domain, the State of Texas has superior rights, especially when they acting in the interest of the public.
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Re: FAIRFIELD, things are about to get interesting
[Re: Nathan Bass]
#14849323
09/28/23 01:05 AM
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Joined: May 2007
Posts: 43,178
WAWI
TFF Guru
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TFF Guru
Joined: May 2007
Posts: 43,178 |
Allison, we are kinda talking apples and oranges here. You are referring to a landowners rights description of "Market Value" as it relates to an entity other than the State of Texas. In your example/definition, a City is taking someones land or home for a project, similar to what happened with the Cowboy's Stadium.
In this specific "Fairfield" case, the State of Texas is taking back a public park, "market value" as typically used and "adequate compensation" have different legal meanings.
Compared to other entities that have been granted the right to use eminent domain, the State of Texas has superior rights, especially when they acting in the interest of the public. Do you really care what the state pays as long as you get to fish, 50 mil, 100 mil, 500 mil..... whats the difference or does the fact that Todd bought it when nobody else would butt hurt you so much you just want to see him lose money, despite how morally corrupt that might be?
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Re: FAIRFIELD, things are about to get interesting
[Re: WAWI]
#14849325
09/28/23 01:16 AM
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Joined: Aug 2014
Posts: 529
RBDavis3591
Pro Angler
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Pro Angler
Joined: Aug 2014
Posts: 529 |
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Re: FAIRFIELD, things are about to get interesting
[Re: Allison1]
#14849397
09/28/23 02:22 AM
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Joined: Aug 2001
Posts: 13,526
Razorback
TFF Guru
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TFF Guru
Joined: Aug 2001
Posts: 13,526 |
If the state walked away today he'd be happy.
You, not so much. They may get the property. 100% means you just don't understand eminent domain rules.
I understand that state law allows the State of Texas to use its eminent domain authority and that Texas is a quick take state, meaning as soon as the three person commission assigns a value and the state deposits the money TP&WD can immediately seize the property. I also understand that the eminent domain statute specifically says that it can be used for parks. I further understand that you have been arguing this for months and want to be right. You're not, but you can wait to see for yourself.
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Re: FAIRFIELD, things are about to get interesting
[Re: Razorback]
#14849430
09/28/23 03:10 AM
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Joined: Dec 2003
Posts: 39,834
Allison1
TFF Guru
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TFF Guru
Joined: Dec 2003
Posts: 39,834 |
If the state walked away today he'd be happy.
You, not so much. They may get the property. 100% means you just don't understand eminent domain rules.
I understand that state law allows the State of Texas to use its eminent domain authority and that Texas is a quick take state, meaning as soon as the three person commission assigns a value and the state deposits the money TP&WD can immediately seize the property. I also understand that the eminent domain statute specifically says that it can be used for parks. I further understand that you have been arguing this for months and want to be right. You're not, but you can wait to see for yourself. You said you know 100% they will buy the property. "which despite all his blustering and bluffing he knows with 100% certainty is going to get the property". You also said that Todds goal is making a deal. I believe his goal is keeping his property and nothing he has done in the last few months makes me feel like he is trying to sell it. Why would you say that? The state is not required to buy it. Once the market value is established, its their choice to deposit money. Read your post. You sound like you know when we know you are guessing.
I am wrong but you can not prove it, you just believe it enough from the bottom of your heart.....
.......Every post you make I'll be trolling you.
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Re: FAIRFIELD, things are about to get interesting
[Re: RPD]
#14849439
09/28/23 03:22 AM
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Joined: Jun 2012
Posts: 21,493
Douglas J
TFF Guru
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TFF Guru
Joined: Jun 2012
Posts: 21,493 |
when 2 narcissists lock up in a battle, it's usually very long and there is no clear "winner"
#MFGA
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Re: FAIRFIELD, things are about to get interesting
[Re: Nathan Bass]
#14849442
09/28/23 03:23 AM
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Joined: Dec 2003
Posts: 39,834
Allison1
TFF Guru
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TFF Guru
Joined: Dec 2003
Posts: 39,834 |
Allison, we are kinda talking apples and oranges here. You are referring to a landowners rights description of "Market Value" as it relates to an entity other than the State of Texas. In your example/definition, a City is taking someones land or home for a project, similar to what happened with the Cowboy's Stadium.
In this specific "Fairfield" case, the State of Texas is taking back a public park, "market value" as typically used and "adequate compensation" have different legal meanings.
Compared to other entities that have been granted the right to use eminent domain, the State of Texas has superior rights, especially when they acting in the interest of the public. I took it right out of the book that the TPWD was required by law to send to Todd whenever they condemn land. Its the State of Texas Landowners Bill of Rights. WHAT IS ADEQUATE COMPENSATION? Adequate compensation typically means the market value of the property being condemned. It could also include certain damages if your remaining property’s market value is diminished by the condemnation or the public purpose for which it is being condemned. Legal definitions come from past cases, a few of them I posted above.
I am wrong but you can not prove it, you just believe it enough from the bottom of your heart.....
.......Every post you make I'll be trolling you.
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Re: FAIRFIELD, things are about to get interesting
[Re: RPD]
#14849571
09/28/23 12:53 PM
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Joined: Nov 2014
Posts: 25,605
SteezMacQueen
TFF Guru
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TFF Guru
Joined: Nov 2014
Posts: 25,605 |
Let’s make this thread a “sticky”….since it’s always at the top of the Bass Fishing section anyways.
Eat. Sleep. Fish.
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