Loser pays costs.....but when do the charges start....and stop?
I have been looking at some pipeline condemnation suits in a particular Texas county. Just out of curiosity in case I am faced with dealing with this issue.
As I understand it, in Texas, if the pipeline company cannot come to an agreement with the landowner about the right-of-way they can file a suit for condemnation. This is in County Court. The Judge appoints special commissioners, three, in the cases I looked at. These are supposedly impartial and disinterested citizens who swear to render a fair value amount for the "taken" property and any dimunition in value of the remainder. These commissioners are paid for their deeds. $400 each in the cases I looked at recently. Which party pays this cost?
At some point the pipeline company can have the "loser" landowner pay the cost of the suit. When does this start and what costs are included? Is the pipeline company allowed to start the meter ticking from the minute they file the condemnation suit or does it start after the commissioners award if the landowner defendant appeals or escalates to a jury trial?
As I understand it, in Texas, if the pipeline company cannot come to an agreement with the landowner about the right-of-way they can file a suit for condemnation. This is in County Court. The Judge appoints special commissioners, three, in the cases I looked at. These are supposedly impartial and disinterested citizens who swear to render a fair value amount for the "taken" property and any dimunition in value of the remainder. These commissioners are paid for their deeds. $400 each in the cases I looked at recently. Which party pays this cost?
At some point the pipeline company can have the "loser" landowner pay the cost of the suit. When does this start and what costs are included? Is the pipeline company allowed to start the meter ticking from the minute they file the condemnation suit or does it start after the commissioners award if the landowner defendant appeals or escalates to a jury trial?
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Permalink Reply by intrepid on
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Good info, KB. Thanks. I would also urge anyone dealing with a pipeline company to have a lawyer involved in the process from the git go. You put it very well when you said the process was simple and complicated at the same time.
Pipeline negotitations are going to come up more and more in this area as the HS is developed.
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