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This profile was last updated on 7/12/14  and contains information from public web pages.

Mr. Judon Fambrough

Wrong Judon Fambrough?

Senior Lecturer and Attorney At L...

Texas Real Estate Center at Texas A&M University

Employment History


  • law degree
    University of Missouri
  • master's degree
    University of Missouri
  • bachelor's degree
    University of Arkansas
86 Total References
Web References
Newsletter-14-3-1, 12 July 2014 [cached]
October 21, 2008 Landowner Rights in Regard to Condemnation and Landowner Liability (6:00pm - 9:45pm), a seminar by Judon Fambrough, attorney Texas A&M Real Estate Center.
Program will be held at the Family Life Center located at the corner of 8 th Street and Star Street in Bonham, TX. Program begins at 6:00pm with a BBQ meal. There will be a $15 reservation fee for this meeting. This program is aimed at addressing many of the questions recently occurring in our and adjacent counties in regards to condemnation and landowner liability. Please make your reservations early, as there will be limited seating for this seminar.
Mr. Fambrough is a senior lecturer and attorney at law with the Texas Real Estate Center at Texas A&M University. He has held a joint appointment with the Agricultural Economics Department where he taught a class in Oil and Gas Law and also one in Agricultural Law.
Mr. Fambrough served in Vietnam as a forward observer where he earned the Silver Star, the Bronze Star and two purple hearts. He used his G.I. Bill to attend law school.
Mr. Fambrough has been the attorney for the Texas Real Estate Center for the past 31 years. He has authored over 300 articles regarding Texas real estate law. One of his prime objectives is to inform landowners about their property rights and tell them how to best protect and utilize those rights.
The first major topic would be Condemnation. In this regard, he will address the process of condemning land as it is now being conducted in Texas. He will examine the statute and case law surrounding the process and HB 2006 that the Governor vetoed last session. After discussing the process, he will then look at what landowners should attempt to negotiate in lieu of condemnation to insure their property rights are protected when confronted with (1) pipeline condemnation, (2) condemnation of lake property and (3) condemnation of transmission lines.
The next major topic would be landowner liability. Here, he will discuss the case law regarding the duties landowners owe to persons on their property starting with invitees through trespassers. He will place special emphasis on the duty owed to minors. After that, he will detail how Chapter 75 of the Texas Civil Practices and Remedies Act has changed the common law as it applies to recreational guests. Finally, he will conclude with a discussion of waivers and the assumption-of-the-risk documents.
08/21/2012 - Kathleen Sebelius, ..., 21 Aug 2012 [cached]
08/21/2012 - Kathleen Sebelius, Judon Fambrough and Rapid City Sculpture
Kathleen Sebelius, Judon Fambrough and Rapid City Sculpture
Judon Fambrough, an attorney with the Real Estate Center at Texas A & M University, talks with SDPB Radio's Gary Ellenbolt about oil and gas leases.
Fambrough has advice that may be useful to South Dakota landowners looking at lucrative oil and gas leases. He says the money may be good, but don't surrender your property rights. Fambrough is a 35-year member of the Center Staff and specializes in property rights during lease negotiations in his publication, "Hints on Negotiating an Oil and Gas Lease. The guide covers such topics as leasing provisions, duration of lease, royalty clauses and surface damages. While it was written for Texas landowners, Fambrough says the information can be useful for other states as well.
Judon Fambrough, a lawyer ..., 18 May 2007 [cached]
Judon Fambrough, a lawyer with the Real Estate Center at Texas A&M University, said this is a reminder of how careful real estate licensees must be when recommending intermediaries for 1031 exchanges.
"Make sure they are bonded or have other security in place to cover the ,fleeing' intermediary," Fambrough said.
Not, at least, until state laws ..., 4 Aug 2006 [cached]
Not, at least, until state laws regarding those issues are better defined by the state legislature, said Judon Fambrough, private property advocate with the Real Estate Center at Texas A&M University .
Traditionally, Fambrough said, local, county and state governmental entities were required by the interpretation of the law to offer landowners a "fair market value" for any property they intend to claim by means of eminent domain.
But all that changed on July 2, 2004 , when the Texas Supreme Court issued its ruling in the Hubenak v. San Jacinto Gas Transmission Co. case.
"That one case threw out all incentives to receive fair market value.Period," Fambrough said."For one, it removed several key restraints in the condemnation process that were favorable to landowners.But most of all, it changed how the process of the law worked when dealing with such cases."
In all cases dealing with condemnation proceedings, a basic three step process is involved: 1) the entity wanting the land must negotiate for its purchase; 2) if negotiations fail, they may go before a three-person appointed commission for a ruling; and 3) if parties are still unhappy with the result, the matter goes to a trial situation before a judge and jury.
Prior to 2004, most cases that made it to the third level in the process were often sent back to step one, Fambrough said, which forced the governmental body to come up with a better offer to the landowner.
But that changed with the Hubenak case.The courts ruled that "the condemnor's offer generally should not be scrutinized or compared with other indications of value."In essense, any offer made by the condemnor satisfied the letter of the law.
It also forced the burden of proving the land's worth to the landowner, not the condemnor.
"This is the only matter in civil law that I am aware of where the burden of proof lies with the defendant," Fambrough said."You, as the landowner, must prove that the offer you were given is inadequate."
What that means for the landowner is that they must obtain-at their own expense-an independent appraisal of the land, and in so challenging, also pick up the tabs of legal representation, he said.
"Even if you win, the courts ruled that you cannot collect any additional amount to cover attorney fees and court costs," Fambrough said, adding that it can often cost as much to defend a piece of property as it is worth.
In real terms, that means if a governmental entity opts to condemn a piece of property that is actually worth $2,000 an acre, Fambrough said, there is no incentive for them to offer much more than $1,000 on the property.
"It will cost you at least $1,000 to prove them wrong," Fambrough said, "And they know it."
Several private property advocates, including Texas Farm Bureau, are working on legislation to change the letter of the law, but at least for the next couple of years, Fambrough said, that is what landowners will face until the law is changed.
Fambrough suggests landowners come to the commission hearings well prepared to make their case, as the costs of going to step three are prohibitive.He also suggested working agreements into the land's purchase that allow the landowner access to the property until the project is actually begun, which can prolong farming, ranching and even recreational uses.
The Texana Review : Current Affairs [cached]
Wind Energy's Impact on Land Value: an interview with Judon Fambrough
(Originally produced for Texas Rural Land News & Review which merged with The Texana Review in March 2008)
Fambrough300 Judon Fambrough is a senior lecturer and attorney-at-law with the Texas Real Estate Center at Texas A&M University.
For nearly 30 years he has informed landowners about their property rights and how to protect and utilize those rights.
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