Texas Energy Law Blog
Asked to sign a solar lease on your land? Read carefully.
Rapid improvements in solar technology, combined with certain investment tax credits, have created a rapid expansion in the solar energy field. Indeed, the Solar Energy Industries Association estimates that solar power will account for almost half of the total...
Eminent domain does not mean you have no rights
If an energy company has approached you to buy or lease your land, you may have heard that these companies have the power of eminent domain in Texas. This is true. Eminent domain is the government’s power to force landowners to sell their land, if necessary, for a...
What rights to my land am I giving a solar developer?
When the time comes to lease part of your land to a solar developer, you want to be certain you understand what you’re giving up. It depends in large part on what you negotiate in your lease. Generally, solar developers are granted the exclusive right to use the part...
Invited to a barbecue to discuss leasing land for a wind project?
Wind farms are big. They often involve groups of many landowners who all agree to lease their land for the same energy project. Since the land is connected, it’s common for these landowners to be related or closely acquainted, often for generations. How do you get 300...
What rights to you have in an eminent domain action in Texas?
In Texas, most energy companies can force you to sell or grant an easement on your land for a publicly used pipeline, wind farm or solar array. That is because the state of Texas has granted its condemnation power to energy projects for public use. Condemnation, also...
Could your lease be voided under the Statute of Frauds?
Any time an interest in real property is conveyed, the contract is only valid if it complies with the Texas Statute of Frauds, which is found in the Texas Business and Commerce Code, and/or the Texas Property Code. According to Texas court decisions, energy leases...
Do you need an accommodation agreement to protect your land?
If you have been contacted by an oil or gas pipeline company, a wind farm developer or a solar array developer, you may wonder if the lease you authorize will allow you to continue using your land. A single parcel of land could conceivably contain a pipeline or well,...
What’s distinct about wind leases compared to other energy leases?
The geographical size of the project, for one thing. Even the smallest wind farms typically cover tens of thousands of acres, and that means that multiple landowners will almost certainly be involved. In many cases, this means going into business with family members...
Your water rights are precious. Protect them.
Did you know that the population of Texas is expected to grow by over 40% in the next 50 years or so? That will place large new demands on the state’s water supply. As demand increases, we are likely to see an increase in regulation, as well. Have you been contacted...
What is condemnation of property?
Condemnation, also known as the power of eminent domain, is the government’s power to take private property for public purposes. If a proper public use is identified, the government -- typically the state government but also the federal government and municipalities...
