Texas Land Conservation Assistance Network

Eminent domain is the power of the government to take private property for public use. Public uses include:  transportation projects (highways, bridges, railroads, airports), utility projects, oil and gas pipelines, water and sewer lines, electric lines, commercial structures (stadiums, arenas, shopping centers), public projects (schools, hospitals or public parks) or water-related projects (water supply projects, drainage projects, water reservoirs) (Texas Agriculture Law Blog:Eminent Domain in Texas Part 1). 

A private entity (e.g. gas or electric corporations, groundwater conservation districts, common carrier pipelines) can be granted the power of eminent domain under law. 

Currently in Texas, the most common type of eminent domain power being exercised is for the construction of oil and gas pipelines. Recent increases in Texas oil production have necessitated an increase in pipeline projects, resulting in oil and gas pipeline companies seeking easements from landowners (Texas Agriculture Law Blog:Eminent Domain in Texas Part 1 and Part 3).

In summary, the three elements of eminent domain under Texas law are:  (1) The actor must be the state or a private entity authorized to condemn; (2) the property must be taken for public use; and (3) the landowner must receive adequate compensation for the condemned property (Texas Agriculture Law Blog:Eminent Domain in Texas Part 1;Texas Agriculture Law Blog, Texas Agrilife Extension Service).

Mineral Rights and Surface Use in Texas

Oil & Gas Can work with Conservation Easements

Joseph Fitzsimons, Attorney with Uhl, Fitzsimons, Jewett & Burton PLLC, discusses how oil & gas can work with conservation easements.

There is no doubt that oil & gas development is harmful to the surrounding wildlife and natural landscape. However, there are voluntary conservation measures that landowners can take to minimize the adverse effects oil & gas development has on natural resources.

According to the Texas Parks & Wildlife Department: “Planning is the most important step landowners can take to minimize the impacts of oil and gas development on natural resources. It is critical that one prioritizes what is most important for one’s property and then makes sure that all planning, development, operations and reclamation reflect those priorities.” Read more from Texas Parks & Wildlife on voluntary conservation practices for oil & gas development.

Oil, Gas & Mineral Development CAN Work with Conservation Easements

A webinar by Blair Fitzsimons, Stephen Small, and Joseph Fitzsimons  discusses how oil & gas can work with conservation easements.