The First Knock: Understanding the Right of Entry Request

For many Texas property owners, the first indication that their land is being considered for an eminent domain project isn’t a purchase offer — it’s a formal letter or a knock on the door from an agent requesting permission to survey the property. This “right of entry” request can be unsettling and confusing, leaving landowners wondering about their obligations and rights.

The short answer is: if the entity has the power of eminent domain, you likely cannot permanently stop them from surveying your land, but you absolutely have rights that govern how and when they can do so. Refusing entry outright usually won’t stop the process, but understanding the rules allows you to protect your property and interests from the very beginning.

Why Do They Need to Survey Your Land?

Before a condemning authority like TxDOT or a pipeline company can formally condemn your land, they must clearly define the property they intend to take. A professional survey is legally necessary to:

  • Accurately locate, describe, and map the boundaries of the specific land or easement needed.
  • Create a comprehensive legal description of the property for all legal filings.
  • Provide the basis for their real estate appraisal, which informs their initial compensation offer.

The survey is a foundational step in the formal Texas condemnation process.

The Law in Texas: Your Rights for Property Surveys (Post-SB 18)

Previously, the process for gaining entry over a landowner’s objection was less defined. However, thanks to Texas Senate Bill 18 (effective 2021), Chapter 21 of the Texas Property Code now outlines a clearer pre-condemnation survey process. Here’s what you need to know:

  • Authority is Required: The entity must have legitimate eminent domain authority to use this process.
  • Written Notice: They must send you a request letter via certified mail, return receipt requested.
  • Landowner’s Bill of Rights: The notice must include a copy of the Texas Landowner’s Bill of Rights.
  • Proposed Terms: The notice must include a copy of the proposed easement or deed terms for the larger project.
  • Damages Offer: The entity must make a good-faith offer to compensate you for any damages they might cause during the survey.
  • Your Response Time: You generally have 30 days after receiving the notice to respond or negotiate the terms of entry.
  • Lawsuit for Entry: If you and the entity cannot agree on terms within that 30-day period, the entity can then file a lawsuit in court solely to ask a judge to grant them the right to survey your property under reasonable terms. They cannot start the main condemnation case yet.

Practical Steps to Take When You Receive a Survey Request

  1. Don’t Panic and Don’t Sign Immediately: Read the request and any accompanying documents carefully. The initial Right of Entry agreement they provide is almost always written to heavily favor them.
  2. Verify the Entity’s Authority: Is the entity a government body like TxDOT, or a private company claiming eminent domain power (like a pipeline)? A quick check can provide valuable context.
  3. Document Your Property’s Condition: Before any entry occurs, take extensive photos and videos of your land, fences, gates, roads, trees, and crops, especially in the areas they plan to survey. This creates a baseline record in case of damages.
  4. Understand You Can Negotiate the Permit: The Right of Entry agreement is a contract. You have the right to negotiate its terms to protect your property.
  5. Consult an Experienced Eminent Domain Attorney: This is the most crucial step. An attorney can review the request, advise you on the entity’s authority, and negotiate a more protective Right of Entry agreement on your behalf.

Key Terms to Negotiate in a Right of Entry Agreement

A well-negotiated Right of Entry agreement can provide significant protections. Key terms to address include:

  • Scope of Survey: Limit the survey to less intrusive methods (e.g., walking, GPS) and prohibit more damaging activities (e.g., core drilling, extensive clearing) without further consent.
  • Time and Duration: Define when and for how long the survey crew can be on your property (e.g., specific dates, business hours only).
  • Access Routes: Specify exactly where the survey crew can enter, exit, and travel on your property to prevent them from driving all over it.
  • Notice: Require the company to provide you with notice (e.g., 24-48 hours) before each entry.
  • Indemnification: The company should agree to be responsible for and protect you from any liability for injuries or damages caused by their activities.
  • Restoration: Include a clause requiring the company to repair any damages they cause and restore the land to its prior condition.
  • Compensation: Ensure adequate payment for any damages caused by the survey activities.

Protecting Your Property with Knowledgeable Counsel

The survey request is often the first formal step in a long process. How you handle it sets the tone for future interactions. While you likely cannot permanently prevent a survey by a legitimate condemning authority, you can and should control the terms of their entry to protect your property and legal rights.

The Texas eminent domain lawyers at Dawson & Sodd are deeply familiar with the Texas condemnation process, including the critical initial phase of survey and right of entry negotiations. We can help you understand your rights, evaluate the request, and negotiate a protective agreement on your behalf.

Discuss Your Right of Entry Request

If you’ve been contacted about a property survey for an eminent domain project in Texas, contact us for a free consultation. Call us at (903) 872-8181 or fill out our online form.