Land / Eminent domain

When someone wants your land.

A government body or private entity with legal condemnation authority can take property for a public use with adequate compensation. A pipeline company's request alone does not establish that authority. The power is eminent domain; the legal process is condemnation. You can negotiate compensation and challenge an improper taking, but deadlines and the facts of the project matter.

Your rights in a taking

Texas spells these out in the Landowner's Bill of Rights:

• +Your property can be taken only for a public use. Only a government body or a legally authorized entity can take it.
• +The condemning entity must notify you, provide the Landowner's Bill of Rights, and make the required written offers. With its initial offer, it must disclose its appraisal reports relating to the property from the past 10 years. Additional appraisal-disclosure rules apply before the hearing.
• +You're entitled to adequate compensation. That means the value of what's taken, plus damages if your remaining property loses value.
• +You don't have to accept the first offer. You can negotiate and hire your own appraiser and attorney. If you can't agree, a 'special commissioners' hearing sets the price; the commissioners decide only the amount. Either side can then object and take the case to a judge or jury. There you can challenge the compensation. If you believe the taking itself is improper, you can also challenge the right to condemn.
• +For pipeline and transmission easements, private condemnors must also give you an addendum. It explains which easement terms you can negotiate.