“It’s increased at a level I’ve never seen in the past 10 years.”
To read the full article, please visit Bloomberg.com
As the United States endeavors to leverage its economic and energy independence, a rising tide of private companies advocating for miles of pipeline to the moon and halfway back leave many landowners between a rock and a hard place. Since the famous 2005 Kelo decision where eminent domain rights were granted to a private corporation for private gain, Texas courts have taken small efforts in increasing the volume of the landowner’s voice. With about 95% of eminent domain cases settling outside of court and every state exemplifying its own set of guidelines to regulate and standardize these proceedings, landowners are finding new ways to challenge the existing modus operandi. In Texas, this has led to the 2011 requirement that condemners provide a “good faith offer” to landowners along with full appraisal reports indicating the derivation of the offer. Additionally, a greater emphasis has been placed on respecting the landowner. Still, there is a lot of work to be done to ensure just compensation.