OIL & GAS EMINENT DOMAIN ATTORNEYS

PROTECTING THE RIGHTS OF PROPERTY OWNERS

Over the years, the demand for oil production in the United States has increased tremendously. The number of pipelines necessary to carry oil and natural gas has resulted in a growing number of land acquisitions. Oil and gas companies often pursue easements from landowners for these projects, resulting in eminent domain or condemnation cases.

Landowners are typically blindsided by the impacts of eminent domain and are often forced to uproot their lives or give up portions of their land. Anyone faced with the possibility of condemnation is highly encouraged to consult with an attorney. The eminent domain oil and gas attorneys at Potts Law Firm are knowledgeable and can defend your rights in these matters. The sooner you reach out to our firm, the sooner we can help you in your condemnation fight.

Reach us online via our secure contact form, or call (888) 420-1299 to request a complimentary consultation with a member of our legal team.

WHAT IS EMINENT DOMAIN?

Eminent domain is a complex legal area that allows the authority of the government to seize someone’s private property for public use. Examples of “public use” include projects such as building or expanding a road or highway, bridges, transmission lines, mass transit rails, and any construction project deemed economically beneficial to a community.

Under the Natural Gas Act, common carriers—such as pipeline companies that transport crude oil, coal, and carbon dioxide or hydrogen—have eminent domain privileges, along with natural gas pipelines. Condemning authorities such as these are required to provide compensation but, in many cases, the pay isn’t just. Compensation is subjective and determined by a team of appraisers, engineers, and attorneys that have planned the taking for years. Because of this, those affected are encouraged to seek legal counsel.

CAN AN OIL OR GAS COMPANY SEIZE PRIVATE LAND TO BUILD A PIPELINE?

The Natural Gas Act (NGA) grants regulatory power over the transport and sale of natural gas used “in interstate and foreign commerce” to the U.S. government. The NGA also permits eminent domain—or the right of the government to seize private land for public use with just compensation—for the construction of pipelines to transport natural gas. This means that oil and gas companies can seize your private land to build pipelines in certain circumstances.

To lawfully expropriate private property, the oil or gas company must:

  • Prove that the land will be used for public use
  • Justly compensate the landowner

Additionally, the oil or gas company must obtain a “certificate of public convenience and necessity” from the Federal Energy Regulatory Commission (FERC) before utilizing eminent domain. Once the entity has obtained the certificate, it can declare that it is unable to acquire the land in question by contract or through an agreement with the landowner on compensation. If this is the case, and the value of the land or property is more than $3,000, the oil or gas company may establish a right to condemn the land/property.

WHAT TO EXPECT DURING THE EMINENT DOMAIN OR CONDEMNATION PROCESS

The eminent domain/condemnation process can be lengthy and complicated. You will likely be required to provide various forms of documentation and communicate with the condemning authority and other parties.

Generally speaking, you can anticipate the following:

  • A request for survey letters
  • Agents for the condemning authority asking permission to talk to you
  • Appraisals from the condemning authority
  • An initial offer letter (usually requiring you to respond within 30 days)

Note that you do not have to accept the condemning authority’s first offer. In fact, we strongly recommend that you contact an oil and gas eminent domain attorney before agreeing to any offer. At Potts Law Firm, we can review the initial offer letter and advise you on your best options. Our goal is to protect your rights and ensure your best interests are preserved throughout the process.

WHAT DAMAGES ARE NOT COMPENSABLE IN AN EMINENT DOMAIN CASE?

When you pursue an eminent domain case, you can seek compensation for certain damages related to the seizure or condemnation of your property. However, not all damages are considered compensable.

Examples of non-compensable damages in eminent domain cases include:

  • Noise and nuisance
  • Offers to purchase the property that do not end up in a sale
  • Other offers to purchase other properties in the area
  • Project influence
  • Circuity of traffic
  • Dust and debris
  • Business income (there are very limited exclusions to this)
  • Tax valuations
  • Future value of the property

If you are unsure what types of damages you may be entitled to be compensated for, we strongly recommend that you reach out to the experienced attorneys at Potts Law Firm. We can review your potential case during a free, no-obligation consultation and provide detailed information specific to your situation. Our team has extensive experience in this complex area of law, as well as the necessary resources to aggressively pursue these cases.

Call (888) 420-1299 or contact us online to request a complimentary case review.

IT’S ALL ABOUT OUR POWER

WORK WITH POTTS LAW FIRM

Please enable JavaScript in your browser to complete this form.
Address

By providing your phone number, you agree to receive text messages from Potts Law Firm. Message and data rates may apply. Message frequency varies.

FREQUENTLY ASKED QUESTIONS

FAQ

Q: Should I grant survey permission?

Typically, we advise our clients to allow for survey permission to obtain an accurate “metes and bounds” description of the property and of the taking. Clients should be wary of survey companies asking for environmental and engineering studies on the property.

Q: What are common issues property owners face with condemning authority appraisers?

The condemning authority will often hire an independent appraiser to evaluate your property. These appraisers often have an interest in obtaining a uniform value for all of the properties, will use older sales to justify their valuations, and can be locked into sales that are not truly comparable to your property.

Q: Can I represent myself for my eminent domain case?

It is not recommended that you represent your own eminent domain case. People that do not deal in eminent domain or condemnation matters are often mistaken about what damages they can collect and how to properly evaluate the value of their property. It is in your best interests to contact an attorney with experience in this area, like those at Potts Law Firm.

Q: Are agreements made with the land services company binding?

Agreements made with the land services company are not binding unless they are in writing and approved by the ultimate condemning authority.

TESTIMONIALS

Testimonial Stars 1

I HAD A WONDERFUL EXPERIENCE WITH THIS LAW FIRM

They were able to complete it in a timely manner and were great at keeping me up to date with communication throughout the entire process. I highly recommend using this law firm if the need arises.

Stephen P.

I WOULDN’T HESITATE TO RECOMMEND HIM OR ANY OF THE TEAM AT POTTS.

Michael Bins has been extremely helpful in helping us to navigate a situation with an insurance claim on a commercial property. He’s gone above and beyond in moving our case toward a positive resolution that we’re satisfied with.

Theo C.

THE POTTS LAW FIRM IS A POWERHOUSE OF BRILLIANT ATTORNEYS.

They know the law from every angle, dig deep, and will not accept anything less than what was asked in the original suit. The Potts team never backed down until the case was settled in full.

Molly H.

I WOULD RECOMMEND POTTS LAW FIRM FOR ANY AND ALL LEGAL MATTERS THAT COME MY WAY IN THE FUTURE!

The Potts Law Firm answered all of my numerous questions in layman’s terms which is what I needed. I was able to lie back & heal from my injuries knowing full well that my obligations were being handled appropriately.

W. Gary

GREAT LAW FIRM!

Very responsive they would call and text me about everything going down! They helped me get through my car crash and I would greatly recommend this team!

Hugo G.

IT’S ALL ABOUT OUR APPROACH

At Potts Law Firm, we believe the details of your case matter and we work tirelessly to pursue just compensation on your behalf. Our team of experienced attorneys and staff are backed with the resources they need to win regardless of the obstacles your case faces. We do this all while keeping an open line of communication with you.

For assistance from our experienced legal team, please contact us online or call (888) 420-1299 today.

IT’S ALL ABOUT
YOUR SUCCESS

WORK WITH AN AWARD-WINNING LEGAL TEAM

Please enable JavaScript in your browser to complete this form.
Name
Address

By providing your phone number, you agree to receive text messages from Potts Law Firm. Message and data rates may apply. Message frequency varies.