Someone Wants to Acquire My Property in Texas

Who is asking, and can they

The first question in any Texas acquisition is who holds the power. Governmental entities do. So do certain private entities the Legislature has authorised, including common carrier pipelines and electric utilities.

For a private company, that authority can be tested. Under Texas Rice Land Partners v Denbury Green Pipeline, a pipeline does not become a common carrier by checking a box on a permit application. There must be a reasonable probability the line will serve the public by transporting product for one or more customers who will retain ownership.

Title or easement

These are different transactions and they are valued differently.

• Fee title. The land is conveyed. You no longer own it.
• Permanent easement. You keep title and grant a right of use over a defined strip, usually with restrictions on building, planting and storage.
• Temporary construction easement. A right to occupy a working area for the construction period, valued for that period plus any damage left behind.

What is negotiable

• The route across your tract, and whether it can follow a boundary
• The width of the permanent strip and the construction workspace
• Where gates, crossings and access points are placed
• Repair of fences, roads, terraces, drainage and pasture
• Restrictions on what you may build or plant afterwards
• Whether additional lines may be added later
• Timing around growing seasons, calving or hunting leases

What happens if you do not agree

An entity with the power must still follow the procedure. Initial written offer, then a final offer on or after the thirtieth day, supported by a certified written appraisal, at or above that appraisal, with fourteen days to respond. If there is no agreement it files a petition, the court appoints three special commissioners, and they hold a hearing and set an award.