When using eminent domain laws, the government has the ability to take property from landowners. This property can then be used in certain ways, generally for projects that are of a benefit to the public. In other words, government officials cannot take property to...
How can property owners protect themselves from eminent domain?
Property rights have extensive statutory protection at both the federal and state levels. As a result, those who invest in land or real property either as a residence or an investment, typically trust that they will have control over that property as long as they pay...
2 tips for maximizing compensation in an eminent domain case
What someone invests in real property can be a bid for a brighter future with hopes for a long-term return on that investment. For many others, their mortgage could be as much as 30% of their monthly income, and they may spend even more than that trying to improve and...
When can a private entity exercise eminent domain?
The power of eminent domain is crucial to the government's ability to take private property for public use. However, in Texas, private entities may also be authorized to exercise eminent domain under certain circumstances. Private entities may use eminent domain to...
Is an eminent domain offer for your home far too low?
When your house is in the path of a public project, like a highway expansion, your ownership rights could be at risk. Texas state law permits the condemnation of private property to complete projects that will benefit the public. Property owners will receive an offer...
2 ways to respond to eminent domain claims in Texas
Eminent domain rules are important for the overall benefit of the public. When there is a necessary infrastructure project, like a highway expansion or a fuel transportation line, the companies or state agencies organizing these projects can use eminent domain to...
Can an oil and gas company force me to sell my land?
If you live in West Texas or southeastern New Mexico, you may have been contacted by an oil and gas company that wants to build new facilities or extend existing facilities here in the Permian Basin. In both states, power companies often have the power of eminent...
I’ve just received a condemnation notice. What does it mean?
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...
