3 Steps to Use Eminent Domain to Bypass Restrictive Covenants

How does a condeming entity bypass a covenent that restricts railways on their property? 

• Get your company designated as a common carrier by the TCEQ
• If you’re a quarry in Texas and need to move rocks, have a relationship with a nearby rail
• Have the railway use common carrier status to condemn land to “overcome restrictive covenants jointly entered by 43 property owners”

Tah, dah… Eminent domain by a private company in 3 steps thwarts restrictive covenants by land owners.

San Antonio Express News | Capitol Aggregates pursues new quarry in Medina County