R-2004-13 acquisition of land for drainage and flood control

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- . . ._~)~ ~--_...--. .._----_.... -.., .._--~.. . -.- KINS & ARMSTRONG, P.C. ATTORNEYS AT LAW e TOH~ YOER,\:l S RECEIVED :~-;;'~~~L-~~~~:i=~= .....4:-. .~L(l,..H.:~j;;:j:;!.i:?. _n.._._..... \...... h' h-_ .... .....~~_ _ R.1. ._..I.~..._ _~. ..........._......__ 702 W. FAIRMONT PARKWAY P. O. BOX 1218 LA PORTE. TEXAS 77572.1218 Sf? 0 1 2004 PLANNING DEPT. ... ...-- ..--...----.....---..--,..-......-....-------- August 31, 2004 TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 E-MAIL: kwaskins@aol.com iohn.a@swbell.nel claskins@swbell.net r;=;,:-;;.-;:::,--.'--:----___. ',,,_._ 1/ fi)f-~-J~ ..r.:. F.P!..!t :.... Ii r:: 11 i::j Aul'G 3 , " .'...... ../ ~",.! ! .! It::3~0~(:i_.'.0:.: .. ~':,~:. "'(~~.=:-i"; ---.-....... ...-......... .. - . "-.-.. .-.. ...... 'h'_' .~..... .__._..__._._____-.-:;::::;____.~ _ ..__n.."._. -.--.-,____~__._._ _&::1..__....__._.,...__.. ity Council RE: Notice to landowner re: condemnation of Lomax area properties Dear Mayor and Council: During the August 23, 2004 city council meeting a question was raised about the legal prerequisites for filing a condemnation suit against the owner several tracts of land in the Lomax area identified as F101-06-01. This issue arose during discussion of agenda item seven, which was for consideration of a resolution authorizing the city attorney's office to proceed with legal action to 'acquire said property for flood and drainage purposes under the F101 Master Watershed Plan. . .. As I advise~ at the A~gust 23, 2004 meeting, it is the opinion of our office that a lando"Yner is not legally entitled to formal or informal notice of a municipality's design to condemn property for public use in the future. The passage of a resolution by council authorizing such action, duly recorded in 'the county land records, is the only official action that is required before filing suit in court. I would note that under the Texas Property Code an entity that has actually .filed a condemnation suit must show that it attempted settlement of, but was unable to agree with the property owner on a price for, the property to be acquired. However, this should . not be understood to require a municipality to give a landowner notice of a purpose to condemn property at some point down. th~ road. This law only means that once a condemning entity has decided to proceed with condemnation, it must attempt to reach a settlement with the landowner on a purchase price before actually filing its petition in court. As such, this requirement is detailed in the body of the resolution before council. The fact that the landowner in this matter did not have actual notice of moratoria on development in the area, even if the result of error on the part of the City, would not affect the City's right to condemn the subject properties. Thank you, and should you have any questions please do not hesitate to contact me at my office.