What is the difference in having your property condemned versus your entering into an easement or a deed in lieu of condemnation.


1. If you make a business arrangement to deed the property, you may be giving up all your rights in the property that you have not reserved.
2. Your goal will be to reserve the rights that could not be taken by condemnation. For example, the Texas Transportation Code, prohibits "... condemnation of oil, gas, and sulphur that can be removed from beneath the real property".

When you use an easement to grant a right of way you will want to consider a number of issues about how the rights you are giving up which may or may not conflict with your use of the remaining property you have. Additionally, the use your property by the party will need to be considered. Example would includes road access, use of your water, etc.

1. What area does the easement cover? You want it very specific.
2. What depth will the pipeline be buried? What will it carry? How will this effect future use of the property?
3. What is the responsibility of the pipeline company to maintain the contour of the land?
4. How will topsoil be handled and replaced? What plan is in place to restore the easement area to its original condition?
5. Will you be able to have surface grassing or other users which do not interfere with the pipeline?
6. How will trees be maintained? What rights will the pipeline company have to remove trees?
7. Will you be able to declare an unused easement abandoned? What time period is stated?
8. What above-ground equipment is going to be installed? Is there compensation for its use on your property?
9. There are tax law considerations involved for the easement and damages, does the agreement spell out the different payments?

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Call Kendall Laughlin at 214-215-5343 to schedule a complimentary consultation.

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Kendall Laughlin, Attorney serves clients in the Dallas and Fort Worth (DFW) metroplex, including the cities of Dallas, Allen, Arlington, Bedford, Carrollton, Cedar Hill, Denton, DeSoto, Duncanville, Euless, Farmers Branch, Flower Mound, Fort Worth, Frisco, Garland, Grand Prairie, Grapevine, Greenville, Haltom City, Hurst, Irving, Lewisville, McKinney, Mesquite, North Dallas, Plano, Richardson, Rowlett, Sherman, The Colony, and the following counties: Collin County, Dallas County, Denton County, Grayson County, Hunt County, and Tarrant County>.