Texas Energy Law Blog
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...
How is payment generally structured in a solar lease?
If you have been contacted about leasing your land for a solar array, you’re probably wondering how much you can expect in terms of payment. While each case is different, we can give you some idea of how these payments are generally structured. For example, you may...
How long will a typical solar lease last?
If you have been contacted about allowing a solar array on your land, you may be wondering how long you would be leasing out your land for. That should be clear in any proposed lease, but it can be hard to calculate because there are different periods for different...
Will the Railroad Commission of Texas cut oil production?
The Railroad Commission of Texas (RRC) is the agency that regulates oil and gas in the state. On April 14, it held an all-day virtual hearing to discuss the current glut of oil on the market and the corresponding drop in price. Producers, pipeline companies,...
Securing full, just compensation in an eminent domain action
Have you received notice that your land is being taken by eminent domain? This is a process by which the government, and its delegates, forces the sale or partial sale of property for the public good. In Texas, the state itself may engage in eminent domain actions,...
Is a company or government seeking an easement on your property?
In Texas, it’s not only government entities that have the power of eminent domain. This is the power to take private property through a process called “condemnation” so that the property can be put to public use. Texas has delegated its power of eminent domain to...
How do I protect my landowner rights in a solar farm lease?
There is a “solar boom” going on in the U.S., and especially in Texas. The past several years have seen rapid technological advances, substantial cost reductions and tax credits for solar energy development. Many Texas landowners wouldn’t mind getting in on the boom,...
Do I have to allow a survey of my land by a pipeline company?
In Texas, certain pipeline companies have the power of eminent domain. Eminent domain is a sovereign’s power to take land for certain public purposes, but the sovereign (Texas) has delegated that power to pipeline companies that meet threshold requirements. It is this...
Why do you need a purpose clause in your solar energy lease?
Texas may be the best state in the nation when it comes to land appropriate for solar energy, and these have been boom times. With the proliferation of interest in leasing land for solar energy purposes, there has been a corresponding proliferation in leases. Each...
Wind energy is making a huge splash in Texas
Finding alternative energy sources is an important project within the energy field. While Texas may be known for its oil fields, at some point in the future, the oil simply will not be there anymore. This means the state has to start finding energy alternatives, and...
