Category Archives: Eminent Domain

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

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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

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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

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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

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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

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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

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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 →

July 28, 2017 Weekly Round Up

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It’s the last Friday in July!  I hope everyone is staying cool during this summer heat.  Last week, I did a presentation via distance technology to the Texas Sheep and Goat Raisers Association meeting in Kerrville.  Welcome to those of you joining who attended the livestock guardian dog session! Here are a few ag law stories in the news.  As you will see, two of these items are frequent fliers on the Weekly Round Up! *USCIS issues new form I-9, mandatory September 18.  The US Customs and Immigration… Read More →

Eminent Domain White Paper Published by TAMU School of Law

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Students at the Texas A&M University School of Law recently published a white paper offering a survey of eminent domain laws in Texas and around the country.  This document, “A Survey of Eminent Domain Law in Texas and the Nation” was prepared by the students and presented to members of the Texas Legislature.  It is a very interesting paper, particularly in light of the eminent domain reform bills currently working their way through the Texas Legislature. It is a very interesting paper, particularly in light of the eminent… Read More →

March 17, 2017 Weekly Round Up

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Happy St. Patrick’s Day to you all!  And welcome to those of you joining from the Fannin County Ag Law Program we had last week in Bonham.  It was a great turn out and a wonderful audience. Here are some of the ag law stories in the news this week. *Travis County Court issues Temporary Restraining Order in case over feral hog poison.  The issue of feral hogs is one that has caused problems across Texas.  One product on the market for controlling feral hogs is warfarin-based Kaput. The… Read More →

March 3, 2017 Weekly Round Up

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I’m sorry for missing our Round Up last Friday, I was out with sick little ones.  Hopefully now, we are all on the mend. Here are some of the ag law stories in the news recently. * How to audit your farm’s I-9 forms.  Current immigration issues and discussions have had a lot of folks really paying attention to their employee paperwork.  Remember, all employers must have I-9 forms on file for all employees.  For more background info on this requirement and the nuts and bolts of completing… Read More →