3 Points from Eminent Domain Pits Property Rights vs. Energy

Background for article: A land owner who was offered  less than $50,000 for mile-long swath of pasture and oak trees that abuts the family cemetery, and a commissioners court awarded more than $600,000.

How the article sets up land owners v. energy:

  • Landowners claim that not allowing a land owner who prevails to be awarded attorney fees “​provides incentives for utilities, pipeline companies and government entities to undervalue properties in eminent domain takings”
  • Energy industry argument against allowing for an award of attorney fees is that douing so would “encourage more lawsuits and raise the cost of projects.”
  • What’s driving the energy v. land owner rhetoric now:
    • Pipelines in the Permuian Basin
    • High Speed Rail

 

Houston Chronicle | Eminent domain fight pits two of Texas’ sacred cows against each other