Confidentiality in Property Condemnation

Can You Expect Confidentiality in Property Condemnation?

Are there confidentiality provisions in easement agreements?  Will the terms of your easement agreement be public record?  Texas Condemnation Attorney Philip Hundl talks about confidentiality in property condemnation and specifically for easement agreements in this video.  Call 800-929-1725 for an appointment with Mr. Hundl.

This video was part of a Q&A session after Mr. Hundl’s presentation on Landowner Rights in Property Condemnation.  The question from an audience member asks about confidentiality regarding the terms of an easement agreement and specifically concerning the compensation received by the landowner.

– [Audience Member] And so to add on to that, is there a way, say that a landowner signs an easement agreement or comes to terms with a condemnation, is there a way to keep it, I know it’s confidential between the attorneys, but between all the parties if they keep all that information private, is it filed in the courthouse, or is there a way that you all keep that continued confidentiality?

Mr. Hundl – As far as keeping it confidential, no, it’s not, you can attempt to keep it confidential. I mean, the way I look at it is, on our end we can keep it confidential, but as far as what they have to disclose and if they’re a public company, and all those, you know, there’s things they do have to disclose, but as far as is it recorded? The only thing that’s recorded in the county is the easement, that’s it.

– [Audience Member] Compensation, you all are able to…

– Well, look, I’ve seen easement agreements that actually listed the compensation in the easement agreement with a memorandum of easement, right? You know, that’s recorded, but then I’ve seen lots of easements that don’t have the compensation, you know, $10 and other valuable consideration. That’s what I like to see in the easement agreement, right? But I’ve seen it, yeah, I mean, I’ve seen what other tracts, other land owners have received apparently because it was in easement agreement or in the memorandum of easement.  I usually prepare it to how the client would want it. Well, we attempt to keep it confidential, right, right. I mean, and obviously, anything with the state’s not confidential, but…

– [Audience Member] Thank you, sir.

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