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All Forum Posts by: Rob McArdle

Rob McArdle has started 2 posts and replied 3 times.

1031 Exchanges

Post: 1033 exchange qualification

Rob McArdlePosted
  • Posts 3
  • Votes 0
Quote from @Jon Taylor:

The critical factor is whether the property owner can demonstrate that the sale or settlement was made under the threat or imminence of condemnation. This is often achieved with written documentation, such as a formal ROW request from TxDOT or other correspondence indicating that condemnation proceedings were possible if no settlement was reached.


 Great, thanks for the insight.  We did receive the ROW request in writing from TxDOT.

0 Votes
Houston, Texas
1031 Exchanges

Post: 1033 exchange qualification

Rob McArdlePosted
  • Posts 3
  • Votes 0

TxDot is requiring a portion of a property for ROW use.  Do we need to go through the whole condemnation process to qualify the transaction for a 1033 exchange? Or is a settlement before condemnation enough to qualify for a 1033?  Any insight is appreciated.

0 Votes
Houston, Texas
Land & New Construction

Post: TxDot Eminent Domain Insight

Rob McArdlePosted
  • Posts 3
  • Votes 0

We have a property about 45 min from Houston on Hwy 10. TxDot has made an offer on a portion of the land for upgrades.  The appraised value seems low and I am trying to understand the best strategy to challenge this value and the cost / benefit of going through the condemnation process.  If anyone has any insight, it would be appreciated.

0 Votes
Houston, Texas