GBSK, we are passionate about representing landowners. We work closely with you to understand what is unique about your property, how you use it, and your plans for future uses. We discuss how your land will be impacted by the transportation or energy project and what we can seek to do to address these impacts. Then, we use every method the law allows to help you achieve your objectives, protect you and your property, and maximize your compensation.
For some projects, such as roads, power lines, and most pipelines, governments and private companies have the power of eminent domain. "Eminent Domain" is a legal term that refers to the power to take private property and convert it to a public use. While the power of eminent domain grants the government or private company the ability to take you to court to acquire your land, you still have many important rights. You are entitled to monetary compensation for what is being taken and you can obtain better easement terms through negotiation. Whether it be through jury trial or out-of-court negotiation, we fight to protect your rights and to obtain the best outcome possible.
However, companies developing oil and gas, solar, wind, and cell tower projects do not have the power of eminent domain. This means that these companies cannot take your land for their project unless you reach a voluntary lease agreement (though there are certain exceptions for oil and gas unitization and mandatory pooling). Leasing your property for projects such as these can provide valuable benefits, but only if you obtain the necessary lease terms to protect your property rights.
Lastly, once a project is constructed on your property, it is essential that you be able to enforce the easement or lease terms that you have secured. We work diligently to enforce the protections and benefits contained in the easement and lease terms we obtain for our clients.
