Rural Property

Texas governmental entities—and in some cases private companies—have fairly broad power to take private property for use in public projects, so long as they appropriately compensate the owner. They often use that power to acquire large tracts of rural property for oil and gas pipelines, electric power lines, water infrastructure, or to build or expand roads and highways.

That the government or even private companies can take your land without notice comes as a surprise to many landowners, especially in Texas, where the right to own property is critically important and fundamental. Additionally, in many instances condemnors do not correctly value the property they acquire through eminent domain.

This is where we step in. At Barron, Adler, Clough & Oddo, PLLC, our Texas eminent domain lawyers help landowners across the state ensure that their rights are protected and that they are paid fairly for their property being taken. We work tirelessly to help individuals, families, and businesses obtain the maximum possible compensation when the government takes their property. Our attorneys bring more than a century of experience to these cases, along with a strong track record of achieving optimal results for our clients.

How the Government Targets Rural Properties

Eminent domain is the legal power that allows the government to take private property for public use, provided that the property owner is properly compensated. This authority is granted by both the U.S. Constitution and the Texas Constitution, which require that any taking must be for a “public use” and must include “just compensation.”

Federal, state, and local governments have this right. Similarly, entities working under the authority of a government, such as transportation and utility commissions or public or private pipeline or electric transmission line companies, also fall under this category. An entity seeking to take private property through eminent domain is required to notify the owner and make an offer to buy the land, based on an independent appraisal of its fair market value. If the condemnor cannot reach an agreement with an owner, it can initiate the formal condemnation process to determine a price and acquire the land.

Although condemnors use this power to take all kinds of property, rural landowners are disproportionately impacted. This is true particularly as Texas continues to grow rapidly and infrastructure expands to support urbanization, energy production, and transportation.

Rural land is frequently sought for public infrastructure projects due to its location between major population centers, lower cost per acre and abundance of open space, characterized by fewer structures and a less dense population. This kind of land also tends to be located along expansion corridors for energy and transportation.

Common examples of public uses in Texas include:

• Highway Expansion and Construction: The Texas Department of Transportation (TxDOT) frequently uses eminent domain to build new highways or widen existing ones. That includes creating bypasses around small towns and constructing service roads, medians, and drainage infrastructure.
• Pipelines: Oil and gas pipelines are common in rural Texas, and private companies designated as common carriers or gas utilities can exercise the power of eminent domain. These pipelines may carry crude oil, natural gas, natural gas liquids, jet fuel or other refined products across vast tracts of farmland, ranchland, or open countryside. Projects typically require permanent easements and temporary construction easements.
• Powerlines: Utility companies also use eminent domain to build transmission lines, substations, and electrical infrastructure. These projects usually consist of large above-ground facilities and typically stretch for miles and cut across ranches and rural homesteads. Powerline easements can significantly affect aesthetics and land use and future development.
• Water Infrastructure: Municipalities and utility districts may use eminent domain to build reservoirs, dams, or water pipelines to urban areas. Rural properties are often taken for these projects, sometimes flooding large tracts of farm or recreational land.
• Railways and Toll Roads: Private companies, in some instances, have received condemnation authority for rail lines or toll roads.

Rural landowners are not powerless. An eminent domain lawyer at our firm can help you understand your rights and explore your options.

Common Concerns for Rural Landowners

Eminent domain can create serious disruptions for rural property owners. These are some of the most common complications:

• Splitting property in a way that limits access or usability
• Loss of privacy, particularly with power lines or pipelines near homes
• Environmental damage, such as erosion or water runoff from road construction
• Long-term use restrictions due to easements

Our Eminent Domain Lawyers Can Help

If you are a rural property owner involved in an eminent domain, condemnation, or inverse condemnation case in Texas, let the eminent domain lawyers at Barron, Adler, Clough & Oddo, PLLC put their experience to work for you. Contact us today to discuss your case and how we can help.