Eminent Domain Easements

Texas Eminent Domain Easement Attorneys

Texas law recognizes easements as a way to protect landowners’ rights and compensate them for use granted to communities, companies or other entities. But they can also raise complicated questions for landowners, especially when a government authority or private company looks to obtain an easement through eminent domain.

At Barron, Adler, Clough & Oddo, PLLC, our Texas eminent domain easement lawyers focus specifically on legal issues related to landowners’ rights in eminent domain and condemnation cases. Our firm has successfully handled these cases for more than four decades. We are committed to helping people and businesses across the state protect their property rights and resolve disputes when faced with the government or private companies exercising their power of eminent domain.

Eminent Domain for Easements

Government authorities and private companies often look to use their power of eminent domain to obtain easements on private land. This is a fairly broad power for federal, state and local authorities to condemn land for a public purpose.

Eminent domain is typically used for easements such as:

• Utilities – water, sewer, electrical, gas and telecommunications lines
• Energy – pipelines and transmission lines for natural gas and electricity
• Public Facilities – locations for schools, hospitals and other public buildings
• Water Management – Projects like reservoirs, water treatment plants and drainage systems

When eminent domain is used for easements, the government authority obtains a “possessory” interest right to access or use the land as specified by the terms of the easement agreement, and the property’s owner continues to own the underlying land.

A government authority or private company obtaining an easement through eminent domain is required to pay “just compensation” to the property owner. If it cannot reach an agreement with the landowner on an easement, it must go through a legal process — called condemnation — to forcibly take the easement.

A Texas easement attorney at our firm can help you protect your rights, including by forcing the government entity or private company to show that the easement is for a public purpose. We will also work to ensure that you are properly compensated.

Utility Easements

Government entities or private companies frequently use their eminent domain power to take property for utility projects, such as electric, oil and gas, water, sewer or telecommunications. They have broad authority to take land for the purpose of installing, expanding and maintaining utilities.

The government often seeks easements to use land for specific purposes, like constructing and maintaining power lines. Landowners in these situations continue to own the property, but the easement often negatively impacts the use, enjoyment and value of the remainder property. It can also raise health and safety concerns for people who live on the land.

When the Texas Department of Transportation (TxDOT) widens a road, for example, it may require that nearby power lines be pushed further into adjacent properties. TxDOT or a utility company may seek an easement to accomplish this.

Several issues often arise in these types of easements. Our Texas property easement lawyers can help you negotiate the location and size of an easement to try to minimize the inconvenience and damage caused to the property. We can also work to limit the condemnor’s access rights, ensure that it takes appropriate safety measures and maximize your compensation for the easement, as well as any property damage or disruption caused by it.

Drainage Easements

Government entities frequently use drainage easements to manage the flow of stormwater as part of road and highway widening, urban development, maintenance and flood control projects.

These easements can take different forms, from underground water lines to land grading designed to channel surface water. The government usually will need to alter the property by digging ditches, constructing retention ponds or carrying out similar work.

Like any easement, drainage easements can place significant restrictions on how a property owner may use their land. It is crucial to understand the full extent of a drainage easement agreement before finalizing the deal and accepting payment. That includes how often the government will need to access the land for maintenance, repairs, upgrades and other activity.

Construction Easements

Construction easements are often associated with public works projects, such as road expansions, pipeline installations or utility line upgrades. They are also used to build government offices, schools, courthouses and even larger projects like airports.

These easements may provide access and space needed for staging, equipment and construction activities that extend beyond the project’s permanent footprint. They typically are temporary, lasting as long as it takes to complete the project. That does not necessarily mean they are short-term: major projects can take years to accomplish.

Construction easements can reduce the value of property by damaging it and aggravate landowners with the noise and inconvenience of heavy machinery, as well as dirt and vehicle traffic.

Road Easements

Some governmental entities acquire road easements instead of taking property for roads in fee simple.

For example, the City of Houston typically seeks road easement. The government will condemn the land needed for the road itself, as well as for shoulders, slopes and drainage.

These takings often raise a number of issues for property owners. They include questions about how much land the government truly needs to take to accomplish the project, and how it will impact the owner’s access to and use and enjoyment of any remaining property. For businesses, road projects can significantly hamper their visibility and access to customers.

Why You Need a Texas Eminent Domain Easement Attorney

In most easement cases, the terms of the easement are negotiable, and it is critically important that the terms of the easement precisely specify the rights and obligations of the parties. Most easements are permanent and perpetual easements that will be in place long after the current owner owns a particular piece or property, and it is imperative that permanent and perpetual easements are drafted to precisely specify the rights and obligations of the parties.

Disagreements over easements can arise in a number of different ways, involving a wide range of property types and interested parties. These disputes can quickly turn messy, time-consuming and expensive. For those involved, navigating the law can feel overwhelming.

Fortunately, you do not need to figure this out on your own. A Texas eminent domain easement lawyer at Barron, Adler, Clough & Oddo, PLLC can help you understand your rights and take action to protect them. A seasoned attorney can also help you resolve disputes or prevent them from occurring in the first place by negotiating terms and compensation. A lawyer will also fight tirelessly for you in court in situations where an agreement cannot be reached.

Handling these cases requires a deep understanding of the complex web of laws governing property rights in Texas. Our Texas eminent domain easement attorneys combine more than 100 years of experience helping property owners navigate the legal process. We have successfully handled thousands of cases representing landowners across the state involving roadways, pipelines, utilities and more. Our lawyers have fought for clients in state and federal courts of all levels, from special commissioner proceedings to the Texas Supreme Court. Contact us for immediate assistance.