Research Memorandum: Eminent Domain & Contract for Deed - Who should the government pay?


This is a memo I prepared after researching an eminent domain case in which the State of Texas was taking certain property and paying for it. The problem was that the State didn’t know who to pay. My client had purchased the property on a contract for deed, which essentially means he was paying but wouldn’t get the deed until it was paid off. This means that although he was the ‘owner” as much as anyone with a mortgage owns their property, his name wasn’t on the title.

Please see full research memorandum below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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