Time for reform of eminent domain law
“Corporate entities that take property with eminent domain authority often claim the system is working. It does. For them.
Corporations with this powerful, often abused, tool are not required to follow the same rules of transparency that a government must observe. They are not required to have public meetings. Eminent domain takings in general do not mandate a good faith offer. Texas Farm Bureau has documented many cases where property owners believe they’ve been slighted in the process.
Such is the case of Taylor County couple Bill and Lynne Keys. As Bill says, “They have the right to take your land but not the right to take advantage of you.” He is right, but there is not much in Texas law to prevent it.
Work on the project began anyway, with little regard for protecting the remaining parts of their property. A road was built through their stock tank on this 95-year-old family farm. They are not optimistic about restoration that approaches its original condition.
Eminent domain resembles a business transaction, with one notable exception. A property owner faced with a taking does not have the option to walk away from the table.
Property owners should be wary from the first encounter of the eminent domain process. There is no need to sign the first offer on the spot. Yes, a landowner can ask for more. They can require that topsoil be replaced on top of the covered pipeline. Some have learned this does not always happen. There are also structures and surface water to consider.”
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Boening, Russell. my SA 21 April 2019.