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Old 04-26-2009, 11:51 AM
Location: Midlothian, TX
7 posts, read 37,034 times
Reputation: 17


A recent Ellis County court decision has an impact on all real estate owners who purchase property in Midlothian.

Midlothian’s TXI began industrial operations in the 1960’s. TXI’s attorneys recently referred to the cement plant’s emissions as a “permanent nuisance” which is “constant, continuous and likely to continue indefinitely.”

TXI created additional new emissions when it was discovered that the plant was burning hazardous waste in 1989.

The recent court decision determined that if real estate owners in Midlothian have not owned their property when the latest industrial emissions began – in 1989 – they have no claim to real estate damages related to industrial emissions. The claim belongs to the previous property owner.

Unless the right to sue is transferred by deed or contract, new property owners in Midlothian after 1989 will have no claim to property damages related to industrial plant operations.

Additionally, while property owners prior to 1989 may have claim to their real estate being injured by emissions, they can not sue because the statute of limitations has run out.

Based on this court decision, if any of your clients find their property is polluted as a result of local industrial emissions, as real estate owners Ellis County will give them no right to legal recourse.

Property owners, may, however, seek legal relief against real estate agents and the previous owner, if you, as an agent & seller fail to disclose this issue.
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