If you’re a landowner in west Texas or eastern New Mexico, you may have received a notice from an energy company saying that your land will be condemned. Condemnation is another word for the power of eminent domain. Eminent domain is the government’s authority to...
Can an energy company take my land for its project?
Generally, yes, although they have to provide you with just compensation. In Texas, energy companies have the power of eminent domain when building or operating public projects. In New Mexico, oil and gas pipelines have clear eminent domain authority, and renewables...
Is it possible to give just part of my land in eminent domain?
In Texas, many energy companies have the power of eminent domain, or “condemnation.” This means that they can take your property as long as it is put to a public use and you receive just compensation for it. In West Texas, companies often propose to take individual...
What rights do Texas landowners have against energy condemnation?
When energy companies want to use your land for a public project, you may have heard that they have the power of eminent domain. That’s true, but it doesn’t mean you have no rights. In Texas, many oil and gas pipelines, wind power companies and solar power concerns...
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...
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 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...
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...
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...
