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Texas AG lawsuit accuses firm of condemnation scam
Austin American-Statesman ^ | September 13, 2006 | Austin American-Statesman

Posted on 09/14/2006 11:21:05 AM PDT by Tolerance Sucks Rocks

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


TOPICS: Business/Economy; Crime/Corruption; Government; News/Current Events; US: Texas
KEYWORDS: attorneygeneral; cuespookymusic; doughnut; elliscounty; eminentdomain; gregabbott; lawsuit; loop9; outerloop; realestate; rickperry; scam; sh360; texas; texas360; transtexascorridor; ttc; ttc35; tx; txdot; youcanttakeit
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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...

1 posted on 09/14/2006 11:21:10 AM PDT by Tolerance Sucks Rocks
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To: TxDOT; 1066AD; 185JHP; Abcdefg; Adrastus; Alamo-Girl; antivenom; AprilfromTexas; B-Chan; barkeep; ..

PING!


2 posted on 09/14/2006 11:21:55 AM PDT by Tolerance Sucks Rocks (Going partly violently to the thing 24-7!)
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To: Tolerance Sucks Rocks
OK, what are their FReeper screen names? Do they mention the "North American Union" and the "amero" frequently?

These kinds of pondscum always show up whenever a major eminent domain project shows up--it happened in Imperial County, CA when they were taking some land for I-8 back in the 50s and 60s.

3 posted on 09/14/2006 11:23:37 AM PDT by BeHoldAPaleHorse ( ~()):~)>)
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To: Tolerance Sucks Rocks
Residential property owners are being taken for a ride by these so-called transportation experts,” said Attorney General Abbott

He's right about the property owners "being taken for a ride". By the state who intends to steal their property.

4 posted on 09/14/2006 11:25:02 AM PDT by isthisnickcool (Don't worry, everything will be OK. Or maybe it won't.)
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To: BeHoldAPaleHorse
OK, what are their FReeper screen names?

You'll find out sooner or later if you peruse enough of these TTC threads. The theory in this case is that TTC-35 is only the first part of a giant "NAFTA Superhighway" that will run roughly parallel to I-35, even though no media mention of it has been made apart from assertions by Pat Buchanan, Phyllis Schlafly, Jerome Corsi, and a leftist/socialist website called Vive le Canada. The NAFTA Superhighway will be chock full of Mexican trucks, the drivers of which are being hired to get around the Teamsters (USA truck drivers) and Longshoremen's (USA Ports) unions.

Do they mention the "North American Union" and the "amero" frequently?

They do from time to time, although not necessarily on the TTC threads.

These kinds of pondscum...

That's why I'm not giving you their names. You seem to be eager to start a flame war. Just my opinion...

5 posted on 09/14/2006 11:36:17 AM PDT by Tolerance Sucks Rocks (Going partly violently to the thing 24-7!)
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To: isthisnickcool
Yet at the same time a good many Texas Freepers insist in their posts that the only "sane" solution is to vote all the same Texas RINO's (and former dems) such a Perry back into office for another term...??

"Insanity = "doing the same thing over and over again and expecting different results." - Albert Einstein.
6 posted on 09/14/2006 11:36:46 AM PDT by VRWCTexan (History has a long memory - but still repeats itself)
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To: Tolerance Sucks Rocks

By "pondscum," I'm referring to the folks who show up saying that they'll protect your property from eminent domain, "for a nominal fee, of course."

We had people doing this scam, going all over Imperial County while the Feds and CA were building I-8 (which mostly, but not always, followed Highway 80). Hell, they conned some of my relatives living over thirty miles from the I-8 right-of-way into buying "eminent domain insurance."

The screen names piece was pure, unadulterated sarcasm.


7 posted on 09/14/2006 11:42:10 AM PDT by BeHoldAPaleHorse ( ~()):~)>)
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To: Tolerance Sucks Rocks

BTTT


8 posted on 09/14/2006 11:43:12 AM PDT by E.G.C.
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To: E.G.C.

bump.


9 posted on 09/14/2006 12:22:17 PM PDT by Tolerance Sucks Rocks (Going partly violently to the thing 24-7!)
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To: Tolerance Sucks Rocks

Want to stop TTC construction on your property? Simple. Sell it to Cindy Sheehan. That or find an endangered salamander and put it in your yard.


10 posted on 09/14/2006 1:01:56 PM PDT by Tall_Texan (I wish a political party would come along that thinks like I do.)
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To: Tolerance Sucks Rocks
They were advertising their services on Ebay for a $600 fee.....

Media Links

Video of Youcanttakeit.org
Lawsuit Against Youcanttakeit.org

11 posted on 09/14/2006 1:05:16 PM PDT by deport (The Governor, The Foghorn, The Dingaling, The Joker, some other fellar...... The Governor Wins)
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To: deport
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


12 posted on 09/14/2006 1:13:12 PM PDT by deport (The Governor, The Foghorn, The Dingaling, The Joker, some other fellar...... The Governor Wins)
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To: deport
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 caps, bigtime spelling errors.

Sounds like the "common law lien" movement from the 1980s and 1990s has found a new scam.

13 posted on 09/14/2006 1:16:19 PM PDT by BeHoldAPaleHorse ( ~()):~)>)
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To: BeHoldAPaleHorse; deport; aculeus; Senator Bedfellow; Dog Gone
ARE YOU IN DANGER OF LOOSING YOUR LAND AND HOME TO EMINENT DOMAIN?

By George, it is one of us.

14 posted on 09/14/2006 1:17:03 PM PDT by dighton
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To: dighton

This might be a hugh and series story that will stune my beeber!


15 posted on 09/14/2006 1:19:06 PM PDT by BeHoldAPaleHorse ( ~()):~)>)
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To: BeHoldAPaleHorse

Damn.... time to go take a shower..... be back soon.


16 posted on 09/14/2006 1:21:15 PM PDT by deport (The Governor, The Foghorn, The Dingaling, The Joker, some other fellar...... The Governor Wins)
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To: Tolerance Sucks Rocks

BTW, check out posts #12-16. It looks like it IS a FReeper!


17 posted on 09/14/2006 1:24:16 PM PDT by BeHoldAPaleHorse ( ~()):~)>)
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To: dighton
The whole TTC "conspiracy" is enough to make me loose my marbles.
18 posted on 09/14/2006 1:25:04 PM PDT by Dog Gone
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To: Dog Gone; AmishDude

Ask the Emperor of the North American Union where they went.


19 posted on 09/14/2006 1:25:54 PM PDT by BeHoldAPaleHorse ( ~()):~)>)
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To: Tolerance Sucks Rocks

GRIFTERS!


20 posted on 09/14/2006 1:27:00 PM PDT by wolfcreek (You can spit in our tacos and you can rape our dogs but, you can't take away our freedom!)
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