Texas Energy Law Blog
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...
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,...
