"Eminent Domain" refers to the inherent right of the government to take private property for a public use. "Condemnation" is the legal process used for such a taking. While the government has this vast power, the Fifth Amendment of the U.S. Constitution and Article I, Section 17, of the Texas Constitution guarantee that a property owner will receive just compensation for the taking. If the government and property owner cannot agree on that compensation then, ultimately, they are entitled to have the judicial system determine it based on the law.
Under eminent domain law, the government only has the right to take the property for a legitimate public use. This means property can be taken to build a public road, to create a municipal park, to construct a school or public library, or to provide utilities. However, the power of condemnation is not limited to the government. Private entities also sometimes have the power of eminent domain if allowed by the law and if used for a project that has been deemed to be effectively a public use. For instance, private companies can force the sale of private property for oil and gas pipelines in some situations if used to further a common carrier function.
In blighted or deteriorated areas that present a threat to public safety, the government also has the right to take some property through eminent domain. But this right is limited.
How Does Eminent Domain Work?
The government’s taking of private property is referred to as condemnation. Condemnation does not mean that there is anything wrong with your property or that is being condemned as unsafe or labeled as a tear-down. Condemnation simply means that the government is exercising its right of eminent domain.
When the government determines that it will use eminent domain to take your property, it must appraise the property to determine fair compensation.
When the government makes an offer, you have the choice to accept or decline the offer. Declining the offer does not mean that you are entitled to keep your property; the government can still force the taking. However, our Texas eminent domain lawyers can help you present your opinions of what constitutes just and adequate compensation and that the government’s offer is below fair market value.
When Can You Fight Eminent Domain?
Stopping the condemnation altogether can be a challenge and is not always possible. In some instances, however, you can prevent the government from taking your property by proving that the government is not taking it for a legitimate public use. A Texas eminent domain attorney is essential to successfully stopping the condemnation since it can be difficult to prove that the government is acting improperly. Sometimes condemnations are stopped when the taking authority realizes the actual cost to acquire that will be involved.
Contact the Eminent Domain Attorneys at Barron, Adler, Clough & Oddo, LLP
If you are facing a regulatory taking, condemnation or other eminent domain action in Texas, contact the Texas eminent domain lawyers at Barron, Adler, Clough & Oddo, LLP, to learn how we can help. Our condemnation attorneys have represented more clients throughout Texas on more projects than any other firm and our attorneys are experts in the field of eminent domain.
News & Resources
Energy Transfer and Magellan Announce Permian-to-Gulf Coast Pipeline
November 13, 2018
Energy Transfer, Magellan Midstream, and Delek US Holdings have announced they received sufficient commitments to proceed with plans to construct a 30” pipeline to transport crude oil from the Permian Basin to the Texas Gulf Coast. The 600 mile pipeline system is expected to be operational in mid-2020, with multiple Texas origins.
Phillips 66 Planning New Pipelines to the Texas Gulf Coast
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Phillips 66 announced it is working on plans for two oil pipeline systems that would stretch from North Dakota and Oklahoma to the Texas Gulf Coast. One line, capable of shipping 350,000 barrels of crude oil a day, would transport oil from the Bakken Shale to Corpus Christi. The other line, the Red Oak capable of shipping 400,000 barrels of crude oil a day, would run from Cushing, Oklahoma to Houston, Beaumont and Corpus Christi. Both pipelines are expected to be operational in late 2020.
Energy Transfer Announces New Lone Star Express NGL Pipeline
November 13, 2018
Energy Transfer announced last week that it will be expanding its Lone Star Express NGL pipeline system by adding a new 352 mile pipeline from the Permian Basin to the Fort Worth area. The existing pipeline network already extends to Mont Belvieu, near Houston. The project is expected to be completed by the end of 2020.
Judge Blocks Keystone XL Pipeline Construction
November 13, 2018
A federal judge has halted construction on the controversial Keystone XL pipeline. The judge said in an opinion that the government failed to present a “reasoned explanation” for allowing the project to proceed and “simply discarded” the effect the project would have on climate change. The 1,179 mile pipeline that would carry 800,000 barrels of oil per day is on hold following the court’s ruling.