Negotiating New Easements

Patrick ReznikCompanies, through eminent domain laws, continue to threaten condemnation and  “take” an easement from Texas landowners. Landowners and attorneys often focus just on the compensation and give little attention to the easement language. Easements give utility and pipeline companies the right to enter and use a landowner’s property for construction and operation of a  transmission line or pipeline, but it is important that a company’s  rights  be limited.

These easements, filed in county deed records, severely restrict the landowners’ uses of their lands– like never being able to build within the easement area. Negotiating a new easement is critical to maximize a landowner’s rights and uses and to limit a company’s as much as possible.

Our grandfathers often just signed  the “standard” form easement put in front them in exchange for a little money. Landowners today feel the  impact of these old “blanket” easements our ancestors failed to properly negotiate. Companies continue to ask landowners to sign carefully crafted blanket easements granting the company rights to “all lands adjoining” the easement.

Braun & Gresham, PLLC understands the importance of negotiating easement language beneficial to landowners, heirs and subsequent owners. We understand a standard blanket easement, granting a company too many rights and unfairly limiting the rights of a landowner, can excessively encumber and devalue the property. As part of our negotiation process we focus on the easement language with the same expertise  and skill as we do the compensation.

If you are faced with the prospect of condemnation, give us a call to discuss how we can work with you to get fair compensation and an easement that protects your property.

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