Category Archives: Eminent Domain

Recent Eminent Domain Podcasts & Resources

Eminent domain has been the hot topic in Texas recently.  With various projects from pipelines to roads to even a potential bullet train going on across the state, Texas landowners often find themselves in the crossroads of potential condemnation.  Recently, I’ve been interviewed for two podcasts and also recorded an episode for my own show with Lubbock-based attorney, Zach Brady.  I thought I would share these episodes with you all. (Just FYI–you can listen to each of these on your computer by just clicking on the links below. … Read More →

February 22, 2019 Weekly Round Up

Happy Friday and happy FFA week!  I, like many of you, credit FFA for so much of my success in my life and career.  I hope you take a moment to think back on what FFA has given  you and think about ways you might be able to give back to the organization. I also want to say a special welcome to those of you who are joining us after attending the Central Texas Farm Credit diner in Haskell this week.  It was an honor to speak with… Read More →

February 8, 2019 Weekly Round Up

Happy Friday!  I want to say a quick welcome to those of you who I met last week in East Texas when I spoke in Quitman, Hallsville and Kilgore.  We’re excited to have you here. Here are a few of the ag law stories in the news over the last couple of weeks. *MFP Program deadline sign up extended through February 14.  The deadline to signup for the Market Facilitation Program, frequently referred to as the tariff payment, at the FSA Office has been extended through February 14.  Then,… Read More →

Agricultural Tenants and Eminent Domain Proceeds

In Texas, a good deal of agricultural land is leased out to tenants that either farm or raise livestock on the land.  Recently, I’ve received a number of questions from agricultural tenants related to their rights in the event some portion of the leased property is impacted by eminent domain. A condemning entity, like a pipeline company, is required to pay just compensation in order to condemn the property needed for the project.  Just compensation is defined as the fair market value of the property at the time… Read More →

Questions from Tiffany’s Desk: Eminent Domain and the Right to Survey

Question:  If a company with eminent domain power has contacted me about obtaining an easement across my property and now wants access to survey, can I keep them off of my land? Answer:  No. In Texas, courts have held that by granting condemning entities the right to condemn land, this includes the right to enter onto the property to conduct surveys to select lands to be acquired.  Of course, this means that surveys may be conducted prior to the property actually being condemned. “Ancillary to the power of… Read More →

January 25, 2019 Weekly Round Up

Hello there!  I’m not sure how it happened, but the month of January got away from me and I apologize for the lack of Weekly Round Up Posts.  Several readers have contacted me to ask if I would be continuing these and the answer is yes, but they will likely be bi-weekly.  Thank you for your kind comments about how you enjoy these posts. So far, January has been a fun month with several speaking events.  I kicked things off lecturing at the King Ranch Institute for Ranch… Read More →

April 6, 2018 Weekly Round Up

Hello from sunny Kerrville!  I’ve been on the road this week, speaking at Extension meetings in Leon Springs and Kerrville as well as the Texas Bankers Association Ag and Rural Affairs Conference here at the YO Hotel in Kerrville.  Welcome to the new readers from those events. Here are some ag law stories in the news this week. *China announces proposed tariffs on US products, including agricultural exports.  The biggest ag story of the week has been China’s announcement that it plans to impose a 25% tariff on… Read More →

Pipeline Easement Negotiation Checklist and Podcast

If you’ve ever gotten notice that a pipeline company is planning on coming across your property and you found yourself facing the task of negotiating an easement, you know how intimidating that can be.  The most important thing to keep in mind is that you, as a landowner, do have rights!  You can and should take time to really negotiate with the company to ensure you are receiving adequate compensation and have included terms in the agreement to protect your property. In the last couple of months, I’ve… Read More →

Federal Appellate Court Rejects Argument That TX Eminent Domain Procedure Violates Due Process

Last week, the United States Court of Appeal for the Fifth Circuit considered a legal dispute between a landowner and the Trans-Pecos Pipeline project.  Specifically, the landowner claims that Texas eminent domain procedure violates the Due Process Clause of the United States Constitution. The court declined to issue an injunction to stay the state court eminent domain proceedings, finding that the landowner was unlikely to succeed on the merits of his claim. Background The Trans-Pecos Pipeline project is currently under construction and will result in 148-mile gas pipeline… Read More →

Eminent Domain in Texas – Podcast & Program

Eminent domain is a topic of interest to many Texas landowners.  With projects going on across the state from oil and gas pipelines to highways to water transportation lines, to the high speed rail, many landowners are facing the potential taking of their private property.  Austin-based attorney, Luke Ellis, and I have recently been addressing this issue in a couple of different arenas. First, this week we recorded an episode of the Ag Law in the Field Podcast focused on eminent domain.  You can listen via computer or you… Read More →