donaldfairburn
Junior Member
Texas
Background:
A few years ago, our business property was acquired by the Texas Department of Transportation. This was through a Voluntary Advance Acquisition Program which in short meant that the state had no projected current or future need for the properties but decided that they *might* the properties and, because there was extra money in the budget, was going to attempt to purchase properties.
Seriously, this is a thing - it was a non-eminent use of eminent domain and the first of its kind, at least in Texas. Our property was purchased from our landlord and TxDOT gave us dates to move out. We did an extensive search for alternative locations but could not find anything that met our location needs and matched our budgets. Basically, buildout costs would have been another $50-100K and rent would have doubled and most likely quadrupled. We decided to close out the business, but made TxDOT go through the task of evicting us so we could get as much use out of our location as possible.
Current Situation:
I have recently turned in forms relating for reimbursement of search costs for alternative properties; however, the TxDOT representative says that we are past the cutoff date for reimbursement. Documentation that we were provided by TxDOT and their representatives during our move out process states the following;
- You must file your claim no later than 18 months after you move.
We were required by the court to move on October 10th, 2016 making the last day for submission April 10th, 2018. However, the TxDOT representative has stated that I am using a obsolete version of the booklet. He has sent a page out of a new booklet that states;
- For determining relocation payment eligibility, the date of displacement is the latter of: the date the person moves, or is required to move by notice ( whichever is earlier )
Conclusion:
It looks like I will have to sue for reimbursement. The amount is about $5000 making small claims court a possibility. My legal questions are this;
- Which is the overriding definition?
- How do I prove that the booklets were given to me at the time? I have multiple copies, some with handwritten names of the TxDOT contractors who gave them to me. Some were sent by certified mail. But the ownership trail will be difficult to establish.
- The TxDOT employee is non-cooperative. Verbally he has agreed to send out forms for reimbursement and their address to which to sue the state, but he has not sent any of this information out.
Any thoughts or help would be appreciated!
Background:
A few years ago, our business property was acquired by the Texas Department of Transportation. This was through a Voluntary Advance Acquisition Program which in short meant that the state had no projected current or future need for the properties but decided that they *might* the properties and, because there was extra money in the budget, was going to attempt to purchase properties.
Seriously, this is a thing - it was a non-eminent use of eminent domain and the first of its kind, at least in Texas. Our property was purchased from our landlord and TxDOT gave us dates to move out. We did an extensive search for alternative locations but could not find anything that met our location needs and matched our budgets. Basically, buildout costs would have been another $50-100K and rent would have doubled and most likely quadrupled. We decided to close out the business, but made TxDOT go through the task of evicting us so we could get as much use out of our location as possible.
Current Situation:
I have recently turned in forms relating for reimbursement of search costs for alternative properties; however, the TxDOT representative says that we are past the cutoff date for reimbursement. Documentation that we were provided by TxDOT and their representatives during our move out process states the following;
- You must file your claim no later than 18 months after you move.
We were required by the court to move on October 10th, 2016 making the last day for submission April 10th, 2018. However, the TxDOT representative has stated that I am using a obsolete version of the booklet. He has sent a page out of a new booklet that states;
- For determining relocation payment eligibility, the date of displacement is the latter of: the date the person moves, or is required to move by notice ( whichever is earlier )
Conclusion:
It looks like I will have to sue for reimbursement. The amount is about $5000 making small claims court a possibility. My legal questions are this;
- Which is the overriding definition?
- How do I prove that the booklets were given to me at the time? I have multiple copies, some with handwritten names of the TxDOT contractors who gave them to me. Some were sent by certified mail. But the ownership trail will be difficult to establish.
- The TxDOT employee is non-cooperative. Verbally he has agreed to send out forms for reimbursement and their address to which to sue the state, but he has not sent any of this information out.
Any thoughts or help would be appreciated!
