milesvb
Well-known member
CorridorWatch.org MEMBER ALERT - 09-14-06
ATTORNEY GENERAL ABBOTT SHUTS DOWN ORGANIZATION
PROMISING TO PROTECT PROPERTIES FROM CONDEMNATION
'You Can't Take It' and promoters sued for misleading property owners
about land seizures linked to Trans-Texas Corridor project.
AUSTIN - 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 owners
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."
The defendants 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 pre-existing 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
residential zoning ordinances.
The defendants recently have conducted door-to-door solicitations with
sales teams, pressuring potentially affected homeowners into doling out
money to become enrolled in their "Property Protection Scheme."
The Attorney General seeks both temporary and permanent injunctions
halting any 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
consumer 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
http://www.oag.state.tx.us
Additional information can also be found on http://www.CorridorWatch.org.
ATTORNEY GENERAL ABBOTT SHUTS DOWN ORGANIZATION
PROMISING TO PROTECT PROPERTIES FROM CONDEMNATION
'You Can't Take It' and promoters sued for misleading property owners
about land seizures linked to Trans-Texas Corridor project.
AUSTIN - 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 owners
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."
The defendants 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 pre-existing 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
residential zoning ordinances.
The defendants recently have conducted door-to-door solicitations with
sales teams, pressuring potentially affected homeowners into doling out
money to become enrolled in their "Property Protection Scheme."
The Attorney General seeks both temporary and permanent injunctions
halting any 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
consumer 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
http://www.oag.state.tx.us
Additional information can also be found on http://www.CorridorWatch.org.
