Property rights is an important topic in Texas. Most of Texas is private property. The Oil and Gas industry is currently expanding its operations to include export activities that use pipelines to get the product to the coast. Eminent domain – the ability to take land against a private property owner’s will – is a strategy of used to forcefully acquire land where the pipeline will run. If your land is being threatened with eminent domain for a gulf coast pipeline it is important to know your rights. Below is what to expect if your land is being targeted by an oil and gas pipeline project in Texas.
Step 1: A written “bona fide” offer from the pipeline company must be received by the landowner.
Step 2: The Condemner (company who wants the land) must wait 30 days to make a final offer. During this time the landowner may consult legal counsel and other experts.
The Final offer must include the following:
If negotiations fail…
Step 3: A Petition in condemnation is filed. A Special Commissioners Court will hold a hearing to determine your land’s value and the fee the company must pay for an easement to use the land. The Court appoints three disinterested parties — special commissioners – to determine a fair amount for the pipeline company to pay you.
Step 4: Special Commissioners Hearing
An objection to the award must be filed by written statement before the first Monday following the 20th day after the findings. Either side can appeal the awarded amount, although the full amount must be deposited into a court account, pending any appeals.
Step 5: Judicial Phase
Upon objection, the court will try the case in the same manner as civil court.
Eminent Domain in Texas: A Landowner’s Guide
Big Bend Conservation Alliance
Landowner resources on:
easement agreements, economics of compensation, eminent domain, and typical easement agreements:
Texas Pipeline Easement Negotiation Checklist
State of Texas Landowner Bill of Rights
Other states with different processes coming soon.
Louisiana will be posted shortly.
Have a specific question?
We can connect you with an affected landowner or with an attorney who knows the eminent domain process in your state.
Email us: PRPCNetwork@gmail.com
The eminent domain process in Texas
Property rights is an important topic in Texas. Most of Texas is private property. The Oil and Gas industry is currently expanding its operations to include export activities that use pipelines to get the product to the coast. Eminent domain – the ability to take land against a private property owner’s will – is a strategy of https://agrilifeextension.tamu.edu/library/agricultural-law/texas-pipeline-easement-negotiation-checklist/en used to forcefully acquire land where the pipeline will run. If your land is being threatened with eminent domain it is important to know your rights. Below is what to expect if your land is being targeted by an oil and gas pipeline project in Texas.
Step 1: A written “bona fide” offer from the pipeline company must be received by the landowner.
Step 2: The Condemner (company who wants the land) must wait 30 days to make a final offer. During this time the landowner may consult legal counsel and other experts.
The Final offer must include the following:
If negotiations fail…
Step 3: A Petition in condemnation is filed. A Special Commissioners Court will hold a hearing to determine your land’s value and the fee the company must pay for an easement to use the land. The Court appoints three disinterested parties — special commissioners – to determine a fair amount for the pipeline company to pay you.
Step 4: Special Commissioners Hearing
An objection to the award must be filed by written statement before the first Monday following the 20th day after the findings. Either side can appeal the awarded amount, although the full amount must be deposited into a court account, pending any appeals.
Step 5: Judicial Phase
Upon objection, the court will try the case in the same manner as civil court.
More information:
Eminent Domain in Texas: A Landowner’s Guide
https://agrilife.org/texasaglaw/files/2020/03/Eminent-Domain-in-Texas.pdf
Big Bend Conservation Alliance landowner resources on: easement agreements, economics of compensation, eminent domain, and typical easement agreements:
https://www.bigbendconservationalliance.org/landowner-resources
Texas Pipeline Easement Negotiation Checklist
https://agrilifeextension.tamu.edu/library/agricultural-law/texas-pipeline-easement-negotiation-checklist/
State of Texas Landowner Bill of Rights
https://static1.squarespace.com/static/5980c12d29687fd0d49fb6d8/t/5ee27dbdce32482076c295fb/1591901629862/TEXAS+Landowners+Bill+of+Rights.pdf
Other states with different processes coming soon. Louisiana will be posted shortly.
Have a specific question? We can connect you with an affected landowner or with an attorney who knows the eminent domain process in your state. Email us:
PRPCNetwork@gmail.com
