{"id":6077,"date":"2019-01-28T01:42:56","date_gmt":"2019-01-28T07:42:56","guid":{"rendered":"https:\/\/agrilife.org\/texasaglaw\/?p=6077"},"modified":"2026-04-17T15:21:56","modified_gmt":"2026-04-17T20:21:56","slug":"questions-from-tiffanys-desk-eminent-domain-and-the-right-to-survey","status":"publish","type":"post","link":"https:\/\/agrilife.org\/texasaglaw\/2019\/01\/28\/questions-from-tiffanys-desk-eminent-domain-and-the-right-to-survey\/","title":{"rendered":"Questions from Tiffany’s Desk: Eminent Domain and the Right to Survey"},"content":{"rendered":"

Question:<\/strong>\u00a0 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?<\/p>\n

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Answer:<\/strong>\u00a0 No.<\/p>\n

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.\u00a0 Of course, this means that surveys may be conducted prior to the property actually being condemned. “Ancillary to the power of eminent domain is the authority to enter upon the land to make a preliminary survey.”\u00a0 I.P. Farms v. Exxon Pipeline Co.<\/em>, 646 S.W.2d 544 (Tex. Ct. App. – Houston (1st Dist.) 1982).\u00a0 Courts have issued injunctions against landowners attempting to interfere with this right.<\/p>\n

There is a line of court cases that limit this right to visual inspections and lineal surveys only, refusing to allow more invasive procedures like core drilling or subsurface soil testing.\u00a0\u00a0See Coastal Marine Serv. v. City of Port Neches<\/em>, 11 S.W.3d 509 (Tex. Ct. App. – Beaumont 2000).<\/p>\n

Additionally, while the company does have the right to enter and survey, landowners may seek a “Right of Entry Permit,” which is essentially a contractual agreement with the company, limiting their rights and imposing other protections for the landowner while the company is on the property.<\/p>\n

Common terms in a Right of Entry Permit include:<\/p>\n