If an energy company has contacted you about a pipeline or other energy project on your land, you may be wondering what could go wrong. For example, what if there were a major storm that damaged the project infrastructure? What if there were an oil spill or a...
Texas Energy Law Blog
Can you challenge property condemnation in Texas?
As Texas continues to grow, its need for basic infrastructure continues to grow. The need for roads, highways, rail lines, energy pipelines, electric transmission lines and other public projects has led the state to delegate its power of eminent domain to certain...
Can I have more than one energy lease on my property?
Is it legal to lease your land to more than one type of energy company? Yes, it is. In order to protect yourself, you will need clearly drafted accommodation agreements. When you sell or lease part of your land to an energy company, you are probably going to use some...
What are the major clauses in a solar energy lease?
If you have been approached to lease part of your land for a solar array, you may have many questions. Chances are you have no background in solar energy. You don’t know what would constitute a good deal. You don’t know what contract terms are necessary to protect...
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...
