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Hypothetically, a construction company wants me to move out so that they can tear down my house and make way for new building. I am in dispute with their compensation offer. Somehow, one day they show up at my house and just start to tear it down. I rush back trying to stop them becaus I believe that is unlawful.

So is deadly force justified at this point?

Texas Penal Code 9.31 (1) (B) says

"(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment;"

http://www.statutes.legis.state.tx.us/S ... m/PE.9.htm" onclick="window.open(this.href);return false;

Stupid wrote:Hypothetically, a construction company wants me to move out so that they can tear down my house and make way for new building. I am in dispute with their compensation offer. Somehow, one day they show up at my house and just start to tear it down. I rush back trying to stop them becaus I believe that is unlawful.

So is deadly force justified at this point?

Texas Penal Code 9.31 (1) (B) says

"(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment;"

http://www.statutes.legis.state.tx.us/S ... m/PE.9.htm" onclick="window.open(this.href);return false;

Hypothetically, I would hire an attorney.

Do you own the house? If you do then it doesn't matter what they want. You can shoot for property. Is the city or state involved in any way?

Javier730 wrote:Do you own the house? If you do then it doesn't matter what they want. You can shoot for property. Is the city or state involved in any way?

Bad advice.

I am sure there is more to this story than you are 'hypothetically' telling us. Eminent domain laws exist and you can be evicted. If you have been served an eviction notice then you have to follow the law. As WildBill stated, you 'hypothetically' should consult an attorney and don't even think about use of deadly force.

http://www.statutes.legis.state.tx.us/D ... /PR.21.htm" onclick="window.open(this.href);return false;

Not enough info to determine whether or not to shoot someone. Tread lightly and make sure the deed hasn't been transferred. Call the police if someone is there to damage your property.

mojo84 wrote:Not enough info to determine whether or not to shoot someone. Tread lightly and make sure the deed hasn't been transferred. Call the police is someone is there to damage your property.

Don't think the deed matters as I just live there and own the house.

Assuming there's no eviction notice and assuming the construction people even tell me that they are doing this just because, would that make deadly force justified?

Stupid wrote:

mojo84 wrote:Not enough info to determine whether or not to shoot someone. Tread lightly and make sure the deed hasn't been transferred. Call the police is someone is there to damage your property.

Don't think the deed matters as I just live there and own the house.

Assuming there's no eviction notice and assuming the construction people even tell me that they are doing this just because, would that make deadly force justified?

The deed establishes and evidences who owns the property. If it doesn't show that you own it, shooting a construction worker would probably prove problematic for you.

Still not enough info. Therefore, you would be better served by calling the police and then seeking an injunction from the courts rather than shooting someone.

Keith B wrote:

Javier730 wrote:Do you own the house? If you do then it doesn't matter what they want. You can shoot for property. Is the city or state involved in any way?

Bad advice.

I am sure there is more to this story than you are 'hypothetically' telling us. Eminent domain laws exist and you can be evicted. If you have been served an eviction notice then you have to follow the law. As WildBill stated, you 'hypothetically' should consult an attorney and don't even think about use of deadly force.

I understand but he did not mentioned being evicted or anything involving courts or the government in anyway. If there was an eviction, they still would not just be able to come and start tearing down. He would have to be served with the eviction, go to court, have the judge rule in favor with the people evicting him. After that be would be given up to and usually 5 days to vacate. After that they still cannot just come and start tearing away if he is in there. A writ of possession then has to be filed. When the writ of possession its filed the sheriffs office comes within 72 hours and will remove the person from the property. If this was being done legally the courts would be involved. The way the op posted, I was under the impression that there was not a proper eviction. He also said, "my house", not a house he was renting or leasing.

Not unless they snuck up on you and are tearing it down into middle of the night while you were sleeping.


Any case where you could get away with shooting you could easily win a legal action so why would you shoot? That would only come up when someone had lost all legal actions and at that point you couldn't get away with shooting. Suicide by cop is very uncool.

Javier730 wrote:

Keith B wrote:

Javier730 wrote:Do you own the house? If you do then it doesn't matter what they want. You can shoot for property. Is the city or state involved in any way?

Bad advice.

I am sure there is more to this story than you are 'hypothetically' telling us. Eminent domain laws exist and you can be evicted. If you have been served an eviction notice then you have to follow the law. As WildBill stated, you 'hypothetically' should consult an attorney and don't even think about use of deadly force.

I understand but he did not mentioned being evicted or anything involving courts or the government in anyway. If there was an eviction, they still would not just be able to come and start tearing down. He would have to be served with the eviction, go to court, have the judge rule in favor with the people evicting him. After that be would be given up to and usually 5 days to vacate. After that they still cannot just come and start tearing away if he is in there. A writ of possession then has to be filed. When the writ of possession its filed the sheriffs office comes within 72 hours and will remove the person from the property. If this was being done legally the courts would be involved. The way the op posted, I was under the impression that there was not a proper eviction. He also said, "my house", not a house he was renting or leasing.

All the more reason not to advise someone to shoot someone.

EEllis wrote:Not unless they snuck up on you and are tearing it down into middle of the night while you were sleeping.


Any case where you could get away with shooting you could easily win a legal action so why would you shoot? That would only come up when someone had lost all legal actions and at that point you couldn't get away with shooting. Suicide by cop is very uncool.

I am trying to understand when this statue comes into play and if there's any case law.

mojo84 wrote:

Javier730 wrote:

Keith B wrote:

Javier730 wrote:Do you own the house? If you do then it doesn't matter what they want. You can shoot for property. Is the city or state involved in any way?

Bad advice.

I am sure there is more to this story than you are 'hypothetically' telling us. Eminent domain laws exist and you can be evicted. If you have been served an eviction notice then you have to follow the law. As WildBill stated, you 'hypothetically' should consult an attorney and don't even think about use of deadly force.

I understand but he did not mentioned being evicted or anything involving courts or the government in anyway. If there was an eviction, they still would not just be able to come and start tearing down. He would have to be served with the eviction, go to court, have the judge rule in favor with the people evicting him. After that be would be given up to and usually 5 days to vacate. After that they still cannot just come and start tearing away if he is in there. A writ of possession then has to be filed. When the writ of possession its filed the sheriffs office comes within 72 hours and will remove the person from the property. If this was being done legally the courts would be involved. The way the op posted, I was under the impression that there was not a proper eviction. He also said, "my house", not a house he was renting or leasing.

All the more reason not to advise someone to shoot someone.

Im not telling the guy to shoot, I was simply stating that in texas you can shoot for property. People have shot for about $100 worth of property http://m.mysanantonio.com/news/local/ar ... 331333.php" onclick="window.open(this.href);return false; and even $150. http://m.mic.com/articles/46995/ezekiel ... ng-to-jail" onclick="window.open(this.href);return false;. Not telling the guy to shoot people but again you can defend your property if someone unlawfully comes and tries to destroy it, especially with your family inside.

Stupid wrote:

EEllis wrote:Not unless they snuck up on you and are tearing it down into middle of the night while you were sleeping.


Any case where you could get away with shooting you could easily win a legal action so why would you shoot? That would only come up when someone had lost all legal actions and at that point you couldn't get away with shooting. Suicide by cop is very uncool.

I am trying to understand when this statue comes into play and if there's any case law.

Well necessity would be a big part of it, their claims, your claims. I'm sure there is case law but normally it's narrowly viewed an since you don't want to elaborate what you seem to be asking for is impossible. Basically in any non bizarro world, no you cannot shoot some hourly wage worker and get away with it. Could you create some pretend scenario sure but real world no.

WildBill wrote:

Stupid wrote:Hypothetically, a construction company wants me to move out so that they can tear down my house and make way for new building. I am in dispute with their compensation offer. Somehow, one day they show up at my house and just start to tear it down. I rush back trying to stop them becaus I believe that is unlawful.

So is deadly force justified at this point?

Texas Penal Code 9.31 (1) (B) says

"(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment;"

http://www.statutes.legis.state.tx.us/S ... m/PE.9.htm" onclick="window.open(this.href);return false;

Hypothetically, I would hire an attorney.

This is the advice that makes the most sense.
While in some circumstances you can shoot to protect property, remember it's property....is it worth someone's life? Yours? Theirs? I'm thinking not.

It's stuff...important? Yes. Something to die for? That's another thought entirely.

LabRat

Hey Stupid,

Here's my take:
If the construction company attempts to illegally destroy your home, let them and then sue their pants off. My bet is the company (regardless of hypothetical conjecture) feels they're on pretty solid legal ground if they actually roll in equipment which means they have consulted their legal representation. You should do the same before taking any deadly action.
I guess what I'm saying is don't do anything stu..., anything you might regret.

BTW, love your user name.