Category Archives: Eminent Domain

What Is Eminent Domain To Ag?

I recently wrote an article for Progressive Cattleman magazine discussing what eminent domain is and the importance that landowners understand the law surrounding this power allowing the government (or someone acting with governmental authority) to condemn private property for public use upon payment of just compensation.  There is no doubt this is a very controversial topic, but it is an issue frequently facing agricultural landowners across the country.  To read my article, click here. Additionally, this article led to an interview with two great guys, Pepper and Trey,… Read More →

Interviews Related to Proposed RRC Eminent Domain Rule Change

As we previously discussed on this blog, the Texas Railroad Commission is currently considering a proposed rule change that would modify the requirements for a pipeline to be granted eminent domain authority as a “common carrier.”  The period for written public comment has now closed on the rule and a public hearing was held on this issue on Monday morning in Austin.  The Railroad Commission will now move forward with its evaluation of the rule and consideration of the comments received.  To view all comments sent to the Railroad Commission,… Read More →

September 6, 2014 Weekly Round Up

Yesterday, I enjoyed a trip to Lubbock to attend the planning meeting of the county extension agents in Districts 1 and 2.  Led by RPD, Danny Nusser, the agents worked hard to come up with program plans for 2015.  It sounds like there will be lots of great programs in the Panhandle and South Plains next year!  I appreciated the opportunity to attend. Here are a few ag law stories in the news this week. * Eminent Domain Controversy Near Mumford.  A proposed rail yard has caused a… Read More →

Texas RRC Proposed Rule Would Change Application Process for Pipelines Claiming Eminent Domain Power

The Texas Railroad Commission has published a proposed rule that would change the process for classifying a pipeline as a “common carrier” or a “gas utility.”  Common carrier and gas utility status is significant as pipelines that are common carriers or gas utility have the power of eminent domain, allowing them to take private property upon which to place their pipeline.  To read a prior post on common carrier pipelines, click here. Currently, in order to achieve common carrier status, a pipeline company need only indicate that they are a common… Read More →

May 9, 2014 Weekly Round Up

Things continue to be busy around here with lots of programs going on.  Last week, I spoke on grazing leases and the Texas Right to Farm Act at an Agribusiness 101 session for Travis and Bastrop Counties in Austin.  Thank you to County Extension Agents Julie Ansley and Rachel Bauer for the invitation!  Last Friday, I made the drive to Nacogdoches to speak on basic estate planning at a Value of Land Seminar hosted by the Nacogdoches and Angelina County Extension Offices.  Jamie Sugg and Cary Sims did a great… Read More →

Important Victory for Texas Landowners in Eminent Domain Case

*This article is not a substitute for the advice of an attorney.* A recent jury verdict in Johnson County, Texas illustrates an important point for landowners to understand when it comes to determining compensation for easements taken by eminent domain. Background In this case, the landowners owned a 400-plus acre parcel of land within the city limits of Mansfield, Texas, which is about 20 minutes outside of Ft. Worth.  Some of the land is commercially zoned and abuts Highway 287, making it prime property for commercial developers.  Peregrine Pipeline Co. (“company”) sought… Read More →

April 4, 2014 Weekly Round Up

*This article is not a substitute for the advice of an attorney.* This week I have been making the rounds from Indianapolis, Indiana to Athens, Texas!  In Indianapolis, Paul Goeringer (University of Maryland Extension) and I presented at the Women in Agriculture Educators Conference on legal risk management, where I specifically focused on water law education in Texas.  Additionally, I presented at the Cattleman’s Cow-Calf Clinic in Athens, Texas.  Henderson County Extension Agent Rick Hirsch and his cattle committee did a great job of planning this clinic and I enjoyed the chance to… Read More →

Eminent Domain in Texas (Part 3) – Oil and Gas Pipelines

*This article is not a substitute for the advice of an attorney.* Today we continue on with Part 3 in the Eminent Domain Texas series.  Click here if you missed Part 1 or Part 2. Due to the increase in Texas oil production over the past few years, the number of pipelines necessary to transport product has greatly increased and resulted in oil and gas pipeline companies seeking easements from landowners.  As of November 2012, there are 366,274 miles of pipelines crisscrossing the state of Texas.   As oil production continues to… Read More →

Eminent Domain in Texas (Part 2) – Condemnation Proceedings Step by Step

*This article is not a substitute for the advice of an attorney.* We are continuing on in our multi-part series regarding eminent domain in Texas. Please feel free to read Part 1 here  if you missed that post. Today’s blog provides the basic information about the rules governing condemnation proceedings in Texas and includes links to the applicable statutory provisions where possible.  Condemnation proceedings have very different procedures than other civil cases.  It is important for landowners to understand the condemnation process in case they ever find themselves faced with a… Read More →

Eminent Domain in Texas (Part 1) – What Is It?

*This article is not a substitute for the advice of an attorney.* Today we will kick off a four-part blog series on eminent domain in Texas.  The purpose of this series is to provide landowners with basic information about the power of eminent domain, to explain the procedures surrounding condemnation proceedings, to specifically discuss eminent domain as it relates to oil and gas pipelines, and to provide a list of terms to consider when negotiating a pipeline easement.  The series will be posted every Monday for the next month. Today,… Read More →