Eminent domain in Texas might be redefined if a recent court ruling is upheld by higher courts. The court considered the remainder value of the Donnell’s family lands in McMullen County, TX and not the pipeline right-of-way alone. The decision required the Eagle Ford pipeline company to compensate the family for depreciation of all lands. That includes land not directly impacted by the pipeline.
The family successfully argued that the land lost value due to its proximity to the pipeline. Essentially, they argued more than just the right-of-way was affected by the pipeline and additional compensation should be required. The pipeline company has been ordered to pay the family $600,000, but the decision will be challenged in higher courts before we get a final decision. [Read more…]