Understanding Types of Eminent Domain Takings in Texas
Property can be condemned for various public projects. Learn about common reasons and how we can assist.
Why is Property Taken Through Eminent Domain? (Public Use)
The power of eminent domain allows certain entities to acquire private property, but only for projects deemed to serve a “public use.” This broad term covers infrastructure and developments intended to benefit the community or state, such as transportation, energy delivery, public utilities, and community facilities. The specific rules for what qualifies as public use are defined by Texas law.
Common Projects Leading to Condemnation in Texas
While many projects can involve eminent domain, some are particularly common for Texas landowners:
Pipelines (Oil, Gas, Water, etc.)
Texas’s role in energy means numerous pipelines transport oil, natural gas, NGLs, and other resources across the state. Companies often use eminent domain to acquire easements (the right to use a portion of land) for pipeline construction and operation. Negotiating fair compensation and protective easement terms is critical.
Roads, Highways, and Transportation Projects
Growth requires infrastructure. TxDOT (Texas Department of Transportation) and local entities frequently use condemnation to acquire land (right-of-way) for building new roads, widening existing highways, or improving intersections. These takings can significantly impact access and property value.
Utility Infrastructure (Power Lines, Water/Sewer Lines)
Providing electricity, water, and sewer services often requires utility companies to acquire easements for power lines (transmission and distribution), underground water mains, and sewer lines. These easements can restrict property use and impact aesthetics.
Other Public Projects
Eminent domain can also be used for schools, parks, airports, flood control projects, public buildings, and other community needs authorized by law.
What If No Property Is Formally Taken, But Damaged?
Sometimes, a government action damages your property’s value or use without formally taking it through condemnation. This situation might lead to an “inverse condemnation” claim, where the landowner initiates legal action seeking compensation for the damages caused.
Representation for Various Types of Takings
The attorneys at Dawson & Sodd have handled condemnation cases involving a wide range of projects across Texas. Our familiarity with the different challenges posed by pipeline, road, utility, and other takings allows us to effectively represent landowner interests regardless of the project type.
Get Help with Your
Specific Condemnation Case
No matter the type of project affecting your property, understanding your rights and securing fair compensation is crucial. Contact Dawson & Sodd for a free consultation to discuss your specific situation.
