By Jennifer Dorsett
Field Editor
Texas Farm Bureau (TFB) will host a webinar focused on assisting landowners in negotiating a fair deal when faced with eminent domain on Oct. 6.
“Negotiating a fair deal when you can’t say no is tough,” TFB Associate Director of Government Affairs Billy Howe said. “But fair compensation should always be part of the agreement, and it is possible for landowners to negotiate better deals that protect their rights in the future. You have to know how to play the game, though.”
The webinar, Eminent Domain: Negotiating a Fair Deal, will feature Texas A&M AgriLife Extension Service Agricultural Law Specialist Tiffany Dowell Lashmet and attorney Jim Spivey of the Spivey Valenciano law firm.
Lashmet’s work focuses on legal issues impacting Texas landowners, farmers and ranchers, including leases, water law, oil and gas law, pipeline easement negotiation, estate planning and landowner liability.
In his legal practice, Spivey focuses on landowner rights and represents property owners across the state in eminent domain and condemnation matters. He has experience in condemnation jury trials and special commissioners’ hearings on road expansion, high voltage transmission line, school district, pipeline, drainage easement and railroad condemnation cases.
Participants will gain basic knowledge about “voluntary” negotiation in the eminent domain process and learn some specific tactics successful landowners use in negotiations, according to Howe.
“There are two important issues to consider in negotiations. First, landowners need to figure out true fair compensation, which can be difficult when trying to determine damages to the remainder of the property, especially if none are included in the offer,” he said. “Secondly, they need to negotiate easement terms to protect themselves from any future use of the easement or damages that might occur.”
Howe noted there are at least 19 easement provisions for pipelines and 13 for electric transmission line easement provisions TFB recommends landowners should ask for in an eminent domain agreement. He said these are all provisions landowners should be aware of and that they can negotiate in their easement contracts.
“The purpose of this webinar is to let landowners know what they can negotiate for and to try to give them some strategies to use in evaluating whether or not the offer is ‘fair compensation,” he said. “We are trying to help landowners get on as even of a playing field as possible when it comes to these negotiations.”
The webinar is set for 6:30 p.m. CST on Oct. 6. Click here to register.
Click here for more information about TFB’s eminent domain reform efforts.
I feel more attention should be on eminent domain use for public parks and trails. Pipelines are mostly a one time event. Trails are never ending problems of trash and public trespassing. With so many moving to Texas from other states, who are already planning on doing just that. It’s coming and we should start planning on it now.