Saturday, January 18, 2020

Dealing With the Dallas Passport Agency Office

I wanted to share what has turned our to be one of the worst customer service experience that we have encountered in quite some time.  If you have seen Gasland Part II, you know that we have a a son that happens to be adopted.  We planned to go to Niagra Falls last summer and therefore submitted an application to receive a passport for my son.  He has been with us since shortly after he was born, but it took over a year for the adoption to become final.  Once the adoption was finalized, we received a new birth certificate indicating that myself and my wife were the parents.  My son was born in 2005; however the adoption was not finalized until May 17, 2006. 





As I mentioned, we had planned a trip to Niagara Falls last summer, which would have taken us across the Canadian border.  While there are provisions for minor children to travel into Canada without a passport, my son is of a different race, so we felt it important to get him his own passport.  Therefore in May of 2019 we submitted the application for a passport and included the required documents.  However, we received a letter from the Dallas Passport Agency indicating that additional information was needed.  There was a page of the letter missing and what we had was vague, and did not indicate what specific documents we needed to provide.  Therefore, my wife called the Passport Information Line, to get more information.  My wife was told that someone from the Dallas Passport Office would return her call within 48 hours.  However, this did not happen, but rather was the beginning of many phone calls that were not returned. 






Still not knowing what we needed to provide to obtain the passport my wife returned to the Gainesville, TX post office where the applications were submitted.  While the postal employees have nothing to do with the issuing of passports, they attempted to help determine what documents were required to satisfy the Dallas Passport Office.  They contacted someone at the Passport Office, who indicated that we needed a “long form” birth certificate, and that we would have to request this from the state of Texas.  Therefore, we followed the instructions we received, and sent a request to the Texas Department of Vital Statistics.  However, after several months of going back and forth with the state of Texas, it was determined that what we were told to request, could not be obtained without a court order and the Dallas Passport Office had no business in demanding this document.  However, in the meanwhile, the Dallas Passport Office sent us a letter indicating that our file was being closed, and that our filing fees would not be reimbursed, still not knowing what we needed to provide to get the passport. 




Several calls have been placed to the Passport Information Line, which have been little help.  There have been several commitments to have a return call from the Dallas Passport Office, which has never happened.  Additionally, each call that has been placed to the Passport Information Office has provided conflicting advice on what we need to provide to ensure that if we reapply we can provide the required documents to get the passport issued to my son.  Additionally, our trip to Niagara Falls has been cancelled on two occasions. 





There is a mechanism that allows for an in person meeting to receive a passport on the spot at the Dallas Passport Office.  However, you have to have active travel plans within the next two weeks to receive an appointment for this service.  The agents from the Passport Information system have suggested that I create a hotel reservation in Canada to use as an excuse to get an in person appointment.  This would clearly resolve the problem, cause we could simply bring the entire adoption file to the office, and certainly get this matter resolved in short order.  However, I do not feel comfortable lying to government as the government workers have suggested.  I simply will not manipulate the system as they have suggested.  On multiple occasions, I have asked them to waive this rule, even talking to a supervisor about our situation; however, they have refused this simple request.  Several other other of their process have clearly failed or have not been followed, yet they will not waive from this one.  Perhaps, they are selective about which policies they follow and which they do not.  




Currently, our only option is to resubmit an application that may or may not  have the required documents due to no one clearly explaining what we need to provide.  Along with this will be the filing fees amounting to over another $130.00, which we will not get reimbursed when we do not provide what the Dallas Passport Office refuses to tell us that is required.  Currently, we feel that the Passport office has stolen our filing fees, and we are being held hostage in our own country.  Additionally, the customer service provided by the Passport office has been horribly ridiculous, and is unacceptable for a government agency.  They showed  no concern or empathy for our situation, and in speaking with numerous different individuals, none of them provided clear instructions or were helpful in resolving this matter. If they will simply tell us what we need to provide to obtain the passport, we are more than willing to comply.  


One thing that is very telling is that if you go to your Congressperson's website they have a link and form to deal with passport issues.  So this organization is so horrible that it is one of the top items that people reach out to their elected representatives on.  Just a thought, perhaps if they actually did their jobs, then people wouldn't hate dealing with them.


Sunday, March 17, 2019

Call Your Texas Senators!!! Eminent Domain Bills to Be Voted On.

From - Texas Landowners for Eminent Domain Reform
Dear All,               (please forward this email to friends, colleagues, and other property owners)

I am pleased to tell all of you that the following bills designed to help property owners during a condemnation process is on the intent calendar for a Senate floor vote on Monday at 3 pm.  All your efforts to pass these bills to reform eminent domain have helped this important legislation pass out of the Senate State Affairs committee and can move toward Senate passage on the floor. 

Now is the time to write your LOCAL State Senator and ask them to Support the following 4 bills which are all up for a floor vote on Monday, March 18 at 3 pm.

Ask your Senator to support these 4 bills all to be voted on in the Senate on Monday:

CSSB 421 Kolkhorst       Omnibus Bill Regarding Private Entities
SB421 is an omnibus bill that a) requires additional standard property protections in all easement terms with basic information for a property owner regarding a private entity’s project; and b) encourages offers from private condemnors be made at fair market value.  (Note:  This bill has now evolved from its original form, expect amendments on the floor).

SB 552 Schwertner       Survey Permission
SB 552 provides property owners information about their rights relating to the survey of their property by an eminent domain authority.  The bill requires landowners to be informed of their rights in the negotiation of a survey and other related provisions. It also provides that the details of these rights also be incorporated in a Survey Permission Form if used by a condemning authority.  

SB 553 Schwertner  Purchase of Additional Property
SB 553 requires a condemning entity make a separate and clearly identifiable offer for additional land needed that is not related to land acquired through condemnation.

SB 554 Schwertner  Right to Repurchase Property
SB 554 amends current statute relating to the right to repurchase property from a condemning entity. The legislation allows a landowner the right to repurchase property if the condemning entity does not prove that “actual progress” toward the stated public use of a taking is made within a ten-year period.

Please personalize your message, especially if you have been a property owner affected by eminent domain. To email, do so by typing their firstname.lastname@senate.texas.gov

Here are our local DFW Senators:  
Dist. 2 - Bob Hall - bob.hall@senate.texas.gov
Dist. 8 - Angela Paxton - angela.paxton@senate.texas.gov
Dist. 9 - Kelly Hancock - kelly.hancock@senate.texas.gov
Dist. 10 - Beverly Powell - beverly.powell@senate.texas.gov
Dist. 12 - Jane Nelson - jane.nelson@senate.texas.gov
Dist. 16 - Nathan Johnson - nathan.johnson@senate.texas.gov
Dist. 23 - Royce West - royce.west@senate.texas.gov

Passing the above Senate bills would then move them over to the appropriate House Committee, Land & Resource Management.

Reforming eminent domain is about "due process" for ALL Texans. Reforming the process is in the state platform of both political parties.o participate.....

Sunday, February 10, 2019

Michael Hicks: Local newspapers are key in reporting corruption

Michael Hicks: Local newspapers are key in reporting corruption: The past few weeks have contained more reports of newspaper downsizing at metro daily newspapers in Indiana. This news involved some of our state’s largest daily print publications, but it is a familiar story affecting papers large and small in the age of the internet.Last week, Muncie saw the first sentencing in a broad federal

Some favor eminent domain over customary use

Some favor eminent domain over customary use

Saturday, March 25, 2017

Compensation provided by the State of Texas for Property Taken Through Eminent Domain

Compensation provided by the State of Texas for Property Taken Through Eminent Domain





Over the past several legislative sessions there have be several attempts to rectify the broken Texas eminent domain laws. These changes were approved through legislation with a Constitutional Amendment in 2009 and SB18 in 2011. Those who have and utilize the power of eminent domain make claims that the system is fixed and is now fair and just for the property owner.


The Texas Attorney General's (AG) office provides legal support for state agencies utilizing the governmental power of eminent domain. The primary agency that uses this power is the Texas Department of Transportation (TxDOT), which primarily uses this authority to obtain property for right of ways for road construction and expansion across the state.

Through public information requests, the last 23 condemnation cases from across the State of Texas that were processed through the Texas AG's office show that previous attempts to provide adequate compensation for victims of eminent domain have failed. The initial offer of each of these condemnation cases was compared against the final settlement. (See chart below.) In several of these cases, there appeared to be a settlement where the victim accepted the State's offer for the property, thus avoiding a hearing. (In these instances the final settlement mirrored the initial offer, which would be extremely unlikely if a hearing before the commissioners' court had actually been held.) Even including the cases that settled, the initial offer averaged only 61% of the final offer, well below what those who use this power suggest is common.

A more realistic number is found by using those eminent domain cases that were clearly disputed and went to commissioners' court for a hearing to determine value. If you factor out the cases where the initial offers were accepted, the initial offer was 40% of the final settlement.  Clearly those entities utilizing the power of eminent domain must give a fair offer to the victim for the property being taken and that is not currently happening in most instances. Note: This study only addresses land taken by the State of Texas for roadway construction; the numbers for private entities that utilize the power of eminent domain are not publicly available. It is suspected that figures for those offers would be much lower than those of the public entities.

Presently victims of eminent domain in Texas must pay their own legal expenses and any other fees associated with attempting to get fair market value for their property. To dispute the offer of a condemning entity can easily amount to thousands of dollars. Texas Senate Bill 740 and House Bill 2684 proposes that if the condemner's final offer is 20% greater or more than the amount of the initial offer, the condemning entity must pay certain expenses, including the victim’s legal fees.

Texas eminent domain laws have obviously not gone far enough to protect private property rights. Additional measures must be completed to bring Texas up to the standards that Texans expect and deserve.  If you believe in protecting private property rights, you must support Texas Senate Bill 740 mentioned above as well as 741 and 742.  Passing them would be a good start for protecting the property of hard-working Texans.

Following is a document outlining the 23 cases including initial offer the victim received from the state and the final payment. All of this information was received from the Texas Attorney General's Office, and therefore should be considered accurate.
Contact information –
Calvin Tillman – 940.453.3640
Larry Beard – 512.461.9666



Initial Offers and Final Settlements for Takings by the State of Texas for Roadways
Name
Initial Offer
Final Offer/Settlement
Percentage Initial Offer is of Final Settlement
Difference Between Initial and Final
Percent Final/Initial
Mueschke
$68,612.00
$185,656.00
37%
$117,044.00
171%
Detering
$1,361,432.00
$3,708,074.50
37%
$2,346,642.50
172%
Greyhawkesdene
$23,152.00
$36,058.00
64%
$12,906.00
56%
Cochrum
$22,620.00
$33,930.00
67%
$11,310.00
50%
Arellano
$11,312.00
$14,312.00
79%
$3,000.00
27%
Bouhoutos Brown
$74,042.00
$74,042.00
Settled
$0.00
0%
FBC Oak Cliff
$3,125.00
$3,594.00
87%
$469.00
15%
Strata Holding
$98.00
$98.00
Settled
$0.00
0%
Dickey
$130,142.00
$130,142.00
Settled
$0.00
0%
Waggoner
$1,211,629.00
$1,785,000.00
68%
$573,371.00
47%
Art Environmental
$87,402.00
$290,000.00
30%
$202,598.00
232%
Lubbock National Bank
$284,582.00
$1,075,000.00
26%
$790,418.00
278%
Downstream 973
$24,469.00
$94,000.00
26%
$69,531.00
284%
Downstream 973
$15,605.00
$73,618.00
21%
$58,013.00
372%
Lipcomb
$6,081.00
$16,000.00
38%
$9,919.00
163%
Lipcomb
$19,427.00
$134,000.00
14%
$114,573.00
590%
Branch Banking
$126,628.00
$126,628.00
Settled
$0.00
0%
JP Morgan Chase
$105,216.00
$107,277.00
Settled
$2,061.00
2%
Bank of America
$32,853.00
$34,314.00
Settled
$1,461.00
4%
Rahmati
$231,016.00
$384,000.00
60%
$152,984.00
66%
Advantage
$44,531.00
$112,643.00
40%
$68,112.00
153%
Jarmillo Revis
$5,209.00
$5,940.00
88%
$731.00
14%
Metro Joint Venture
$64,919.00
$189,152.00
34%
$124,233.00
191%








Average
41%
$202,581.59
126%


Dealing With the Dallas Passport Agency Office

I wanted to share what has turned our to be one of the worst customer service experience that we have encountered in quite some time.  If yo...