That would be a hard scenario to occur here. Our notions of ownership, courts processes, are much more definite and certain than in some other countries.
You use the term "evicted," but an owner cannot be evicted as that term is used. A court can award title to another, but as long as the judgment is not final, it ordinarily would not be effective to vest title in the new owner.
In condemnation, also referred to as eminent domain, proceedings, often the court will order the property to the public agency bringing the action, while the "just compensation" is still being argued over. This can lead to a situation where the property owner tries to hold up proceedings, unhappy with the yet to be decided cimpensation. In that situation once the condemnation judgment is entered, the owner is no longer in title. I strongly suspect a murder charge would result if the now former owner attempted to defend his possession with force.
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Return to “Is deadly forced justified when construction company trying?”
- Sat Aug 08, 2015 1:37 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: Is deadly forced justified when construction company trying?
- Replies: 74
- Views: 13485
- Sat Aug 08, 2015 9:48 am
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: Is deadly forced justified when construction company trying?
- Replies: 74
- Views: 13485
Re: Is deadly forced justified when construction company try
Since you refer to negotiations with the company, this is not the beginning of the relationship.
I would think the construction company would never do something like this, but I handled 3 cases in my career where construction companies built entire houses on the wrong lots, so I guess anything is possible.
The first thing you do is go out and discuss what they are doing, calmly. Point out that, while negotiations are ongoing, the company has not acquired any rights to what remains your property. If that doesn't stop it while they investigate, then you call your lawyer. Your lawyer likely will contact the company and demand the trespass be stopped immediately. Failing that, he will invite the company's lawyer to meet him in court very soon where he will apply for a temporary restraining order, and go from there. I don't know court procedures in Texas but in California where I practiced, I could have a TRO the next morning, and once, I was able to get one in place the same afternoon.
If as you say, you remain the owner of the property, there is no way the entry on your land is justified, and you can expect reimbursement for all damages to the property. I foresee their apparently unjustified self help attempt might well impact further negotiations as well.
Don't run out there and start shooting. There are a lot of dead drivers who had the right of way, and were worse off for insisting on it.
I had a flying instructor, an old guy whose flying license was signed by Orville Wright. He was a fount of witty advice, one of which was "don't do nuttin stupid." I've always wondered if there was a comma in between "nuttin" and "stupid!"
I would think the construction company would never do something like this, but I handled 3 cases in my career where construction companies built entire houses on the wrong lots, so I guess anything is possible.
The first thing you do is go out and discuss what they are doing, calmly. Point out that, while negotiations are ongoing, the company has not acquired any rights to what remains your property. If that doesn't stop it while they investigate, then you call your lawyer. Your lawyer likely will contact the company and demand the trespass be stopped immediately. Failing that, he will invite the company's lawyer to meet him in court very soon where he will apply for a temporary restraining order, and go from there. I don't know court procedures in Texas but in California where I practiced, I could have a TRO the next morning, and once, I was able to get one in place the same afternoon.
If as you say, you remain the owner of the property, there is no way the entry on your land is justified, and you can expect reimbursement for all damages to the property. I foresee their apparently unjustified self help attempt might well impact further negotiations as well.
Don't run out there and start shooting. There are a lot of dead drivers who had the right of way, and were worse off for insisting on it.
I had a flying instructor, an old guy whose flying license was signed by Orville Wright. He was a fount of witty advice, one of which was "don't do nuttin stupid." I've always wondered if there was a comma in between "nuttin" and "stupid!"