RANCHING Business
In spite of the new T-4 form, the
pipeline company may condemn land with very little oversight, de- ciding indiscriminately when and where to place a pipeline. In Texas, the only way an eminent domain process can be prevented is if the proposed taking does not meet the requirements for public purpose or public necessity.
The most common entities using eminent domain for public use are cities, land
developers, railroads, public utilities and oil and gas companies.
The common carrier or entity
that initiates condemnation must send the property owner a copy of the Landowners Bill of Rights — found by searching “Landown- ers Bill of Rights” at www.tex-
asattorneygeneral.gov — at least 7 days before the entity makes a fi nal, genuine offer to acquire the easement. The entity must disclose any appraisal reports related to the property. “There is a fair amount of con-
troversy about what [adequate] com- pensation is,” Baum explains. “Most of the time, if it goes to court [in a lawsuit], the defi nition of just com- pensation is fair market value as of that time. In several recent cases, the courts have taken into account the collateral damages to the property and awarded much higher compen- sation to the property owners.”
Three landowners serve as special commissioners During the fi rst step of this pro-
cess, the entity fi les a claim on the property in court in the county where the property is located. A
tscra.org
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March 2016 The Cattleman 69
Cattleman, The 4.5" x 9.375"
CALF033128P223MVAR2
Date due to pub:
Today’s date: December 22, 2014 4:12 PM Account Service:
Account Coordinator: Art Director: Production: Proofing:
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