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Importance of Easement Provisions to Ranching

Negotiation of Easement Provisions Can Be Vital to the Success of Your Ranching Operations

Easement Provisions Can Require the Removal of Construction Debris
Easement Provisions Can Require the Removal of Construction Debris

For most ranchers facing a condemnation/eminent domain action, the proactive negotiation of easement provisions is essential to the continued success of your cattle operation.   The taking of land for an oil and gas pipeline, a high voltage power line, a water line or a roadway can negatively impact your improved pastures, hay meadows, cattle rotations, facilities, and overall cattle operations. 

It’s vital that you have specific easement provisions that require the condemnor (the company building on the easement) to restore the land to its original condition.  There should be detailed provisions concerning actions such as leveling your land, discing your land, re-leveling after settling, replanting of grasses (variety specific) and detailed fence specifications. This detail in negotiating easement provisions improves the likelihood of acceptable restoration after construction of the easement to make it possible for you to return to ranching operations as quickly as possible.

The early negotiation of easement provisions with the help of an experienced attorney may relocate a pipeline/power line to a less intrusive or productive area of the your property.   A badly-placed line through the middle of an improved pasture will adversely affect your grazing use, drainage, and overall pasture quality to impair your operations permanently.  

However, a slight route adjustment along a non-productive field or fence line, rescheduling construction during a less disruptive season or a pasture rotation could minimize the impact of the easement during construction and afterward.

If you’re a Texas rancher or a landowner leasing land for ranching or farming, you need the advice of an experienced attorney when you’re negotiating the easement provisions associated with condemnation proceedings.  Don’t make mistakes you’ll regret by letting the company condemning your land dictate the easement provisions.

If we can help, please call Attorney Philip Hundl at 800-266-4870.  His law firm is Land Rights Law, PLLC, in Wharton County.

Filed Under: Negotiating Easement Provisions

About Attorney Philip Hundl

Philip J. Hundl’s law firm is Land Rights Law, PLLC. His practice focuses on helping landowners in litigation including condemnation and eminent domain, land partitions, easement and boundary disputes, and land dispute mediation.

Before returning home to Wharton County, Mr. Hundl practiced law with the international law firm of Fulbright & Jaworski, LLP, now Norton Rose Fulbright, in its San Antonio and Houston offices, primarily in the areas of products liability, commercial litigation and international arbitration. He received his Juris Doctorate law degree from the University of Denver, College of Law. Mr. Hundl is admitted to practice law in all state courts of Texas, and in the Northern, Southern, Eastern and Western Federal District Courts of Texas.

If you have questions about condemnation and your rights as a landowner, please call 800-266-4870 for an appointment with Philip Hundl. You can also get a no-obligation case evaluation by clicking this link and completing the form.

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