Texas AG lawsuit accuses firm of condemnation scam

Texas Attorney General Greg Abbott has filed a lawsuit to stop three individuals and their organization from falsely claiming they can protect property owners from potential eminent domain proceedings possibly linked to the Trans-Texas Corridor project.

The Attorney General’s lawsuit alleges that promoters of “You Can’t Take It” with its associated Web site attempt to scare property into believing their properties may be affected by the future highway projects. The scare tactics then lead to offers to rescue them from speculative eminent domain proceedings for a fee of $600, which will increase to $1,000 by November. The organization also would assess homeowners a $100 yearly “maintenance fee.”

“Residential property owners are being taken for a ride by these so-called transportation experts,” said Attorney General Abbott. “They have no standing whatsoever to insert themselves into such legal proceedings, and homeowners, who are already protected by the Constitution, will find they have paid a lot of money for a service that is null and void.”

The individual defendants are Douglas Lee Thayer (aka Morgan) and Lou Ann Reed (aka Fuller) of Killeen and Nykee Jolene Murray (aka Keen) of Austin, as well as YouCan’tTakeIt, LLC, the formal name of the organization. They assure homeowners that their organization is capable of halting eminent domain proceedings, which may, speculatively, affect them. They claim to accomplish this by filing commercial lease agreements or otherwise encumbering the property using the organization’s so-called “Property Protection Scheme.”

The promoters claim this conversion is an ironclad safeguard that will bar further legal proceedings involving these properties. The defendants go even further by fraudulently claiming that only by availing themselves of this organization’s expertise can consumers gain full protection from “thirsty developers.”

To the contrary, the organization’s attempts to encumber these properties with commercial lease agreements for the purpose of “economic development” to block state condemnation could place homeowners in jeopardy of losing these properties. You Can’t Take It promoters also deceive homeowners by telling them that such a conversion will increase their property values by seven times the actual market value.

The defendants also fail to inform homeowners how this scheme could affect contractual agreements they have with mortgage companies, home equity loan programs or banks. In addition, consumers are not told how entering into such agreements may run afoul of local roning ordinances.

The Attorney General seeks both temporary and permanent injunctions halting deceptive claims or advertising, requiring the defendants to fully disclose all the facts associated with eminent domain proceedings.

The suit also requests penalties of $20,000 per violation of the Texas Deceptive Trade Practices Act, a penalty of $250,000 if a harmed consumers is 65 years of age or older, and reasonable attorneys’ fees.

Property owners who believe they may have been misled by this organization or others like it, may file complaints with the Attorney General by calling toll-free (800) 252-8011, or file a complaint online at www.oag.state.tx.us

County discusses TTC legislation

By JONATHAN BLUNDELL Daily Light staff writer
Wednesday, September 13, 2006 12:08 PM CDT

While the Texas Department of Transportation has announced its plans to consider a re-route of the Trans-Texas Corridor from eastern Ellis County to the west side of the county, Commissioner Heath Sims, Pct. 3, encouraged the county’s commissioners court Monday morning to examine wording in legislation passed by the state Legislature.

“Over the last couple months there’s been lots of discussion about the TTC and people have come up to me with their concerns,” Sims said. “If you’ve had a chance to read through the legislation then good for you - if not I understand why.”

The total legislation numbers 219 pages.

“People have concerns about the taking of land and concerns about going out for bids on the job,” Sims said.

Sims invited former Ellis County Justice of the Peace Paul Perry and Ellis County Republican precinct chairman David Huckabee to address the court and update them on their concerns.

“I realize there will probably be a reroute in this area but that doesn’t change the bills in legislation that I think should be of concern for all Texans,” Perry said. “After your first notice about eminent domain, this legislation will allow the TTC authority to have a bulldozer in your kitchen on the 91st day after notice. That puts a lot of stress upon home owner, business owner and farm owner. Folks, this is Texas. We have fought wars over property rights. Certainly we can do better than that.”

Perry encouraged the commissioners to join 32 other Texas counties that have come out in opposition of the massive toll road plan.

“Judge, you have expressed concern that you would like to know what is going on in public hearings,” Perry said. “If you will take the time to review this, you will see you do not want to be associated with this bill. As it is currently worded I have serious concerns. I’m not opposed to infrastructure improvements or eminent domain if it’s done properly but these bills put a clock on eminent domain and mandate it.”

Adams asked Perry if his issue dwelled around the toll roads or property rights.

“I oppose the taking clauses and the entry on the land without notice in the legislation,” Perry said.

David Honeycutt told the commissioners that he had read the legislation in its entirety five times and has hired attorneys to look over it.

“Anytime a legislative document is written as vaguely as this, you realize it’s written to be left up to interpretation,” Honeycutt said. “And I’m very concerned about the pre-trail confiscation of land by the TTC authority.”

“In order for us to compete as a state we have to develop infrastructure,” Adams said. “We have a $38 billion shortfall in the Metroplex when it comes to transportation and currently our funding comes from the gas tax. I’m circling around to the fact that the transportation needs must be addressed. Are you also concerned about it being a toll road?”

“I’m not concerned about it being a toll road,” Honeycutt said. “A toll road owned by the state serves as a type of tax but the TTC is a private endeavor - it goes to the TTC authority - the TTC corridor and the private ownership of the TTC. I’m not in opposition to the roads. It is not the ends that alarm me - it is the means.”

Both Honeycutt and Perry mentioned the commissioners’ 3-2 vote on a resolution supporting the North Central Texas Council of Government’s request for TxDOT to study the Highway 360 and Loop 9 corridors for realignment of the TTC.

Both Adams and Commissioner Dennis Robinson, Pct. 1, expressed the reasoning behind their vote against the resolution.

“At the time we voted on the resolution, we had a community in Ellis County that was for the TTC,” Adams said. “We went over the resolution very carefully and made sure it didn’t support or oppose the TTC.”

“The intention of the vote was not in support of the corridor,” Robinson said. “Our intention was to hear the voice of the people before we expressed our opinion.”

In other business...

The Ebay listing, cached version .. Listing has been pulled

Description (revised) ARE YOU IN DANGER OF LOOSING YOUR LAND AND HOME TO EMINENT DOMAIN? MAYBE IN THE LINE OF FIRE FOR THE TRANS TEXAS CORRIDOR, (WHICH, BY THE WAY, DOES NOT ONLY EFFECT TEXAS). ALL LAWYERS AND POLITICIANS CAN DO IS COST YOU A LOT OF MONEY AND PROBABLY NOT PRODUCE THE RESULTS YOU ARE LOOKING FOR. WE CAN LITERALLY SAVE YOUR HOME AND PROPERTY.
ALL THIS IS AVALIABLE ONLY UP TO THE POINT THAT THE CONDEMNATION HEARING TAKES PLACE ON THE PROPERTY. WHEN THAT HAPPENS, WE ARE NO LONGER AN OPTION. IT IS TOO LATE FOR US TO SAVE YOUR PROPERTY.
WE HAVE RECENTLY BECOME A CORPORATION, (You Can't Take It, LLC), AND ARE VERY PASSIONATE ABOUT SAVING WHAT AMERICANS HAVE WORKED SO HARD FOR GENERATIONS TO KEEP.
WE ENCOURAGE YOU NOT TO THROW YOUR HARD EARNED MONEY AT THE "PIE IN THE SKY" HOPE THAT MAYBE YOUR ATTORNEY OR POLITICIAN CAN HELP. THAT WILL COST WAY MORE AND THERE ARE NO GUARANTEES IT WILL WORK. THE U.S. SUPREME COURT HAS ALREADY RULED THAT YOUR HOME AND PROPERTY CAN BE TAKEN FOR PRIVATE ECONOMIC DEVELOPMENT PURPOSES UNDER EMINENT DOMAIN. THIS RULING ALSO OPENED ANOTHER DOOR FOR YOUR PROPERTY TO BE PROTECTED UNDER THAT VERY SAME RULING. WE CAN SHOW YOU HOW. KEEP WHAT BELONGS TO YOU!!
WE HAVE ATTORNEYS WORKING WITH US AND HAVE ALL THE NECESSARY PEOPLE INVOLVED IN THIS PROJECT. WE ARE ALSO WORKING WITH A VAST VOLUME SO WE CAN MAKE IT AFFORDABLE TO YOU. WE ENCOURAGE YOU NOT TO "RE-INVENT THE WHEEL" AND GO WITH THE PROCESS WE HAVE ALREADY PUT INTO PLACE. IF WE ALL STAND TOGETHER, WE CAN ACCOMPLISH OUR MISSION TO BENEFIT ALL.
YOU CAN'T TAKE IT, LLC
YOU CAN CALL OR EMAIL US..... 254 618 5118
YOU CAN RESPOND TO US HERE AT EBAY, OR EMAIL US AT CEO@YOUCANTTAKEIT.ORG
YOU CAN ALSO VISIT OUR WEB SITE AT YOUCANTTAKEIT.ORG

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