Eminent domain is the legal authority of government agencies, utilities, and certain private companies to take private property for a public use — in exchange for "just compensation." It is guaranteed under the Fifth Amendment to the U.S. Constitution and similar provisions in every state constitution.

The most common condemning authorities include state Departments of Transportation (DOTs), pipeline companies, electric utilities, water authorities, and transit agencies.

Just compensation is the payment you are legally owed when your property is taken through eminent domain. Under federal and state law, it is generally defined as the fair market value of the property taken, plus any damages to the remaining property (called severance damages).

The government's initial offer is almost never the full amount of just compensation you are entitled to. Independent appraisals, severance damages, business losses, crop damage, and access restrictions are frequently omitted from the initial offer.

No. You have the right to negotiate. The initial offer is a starting position, not a final number. In most states, you can reject the initial offer and demand that compensation be determined through a legal proceeding — including a jury trial in many jurisdictions.

National ROW reviews your offer, identifies every category of compensation you may be entitled to, and negotiates on your behalf before any legal proceeding becomes necessary.

A full taking (fee simple acquisition) means the condemning authority takes ownership of your entire property. A partial taking means only a portion of your property is acquired — such as a strip for a road or an easement for a pipeline.

In a partial taking, you may be entitled to compensation for the value of the portion taken AND for any reduction in value to the portion you keep (severance damages). Partial takings are often significantly undercompensated in initial offers.

Severance damages are compensation for the reduction in value to the land you keep after a partial taking. For example, if a pipeline easement bisects your farm and makes a portion of it difficult to access or use, the damage to that remaining land is compensable.

Severance damages are one of the most commonly overlooked categories of compensation in initial government offers. An independent appraisal by a qualified MAI-certified appraiser is often required to document these losses properly.

A pipeline easement is a permanent right granted to a pipeline company to construct, operate, and maintain a pipeline on a strip of your land. It restricts how you can use that strip — typically prohibiting permanent structures, deep-rooted trees, and other activities that could interfere with the pipeline.

Easements are permanent and run with the land — meaning future owners of your property are also bound by the easement terms. This is why it is critical to negotiate the terms and compensation before signing.

It depends on the state and the type of pipeline. In Texas, common carrier pipeline companies regulated by the Texas Railroad Commission hold eminent domain authority under the Texas Natural Resources Code — but only if they can demonstrate valid common carrier status. In other states, the rules vary.

National ROW reviews whether the condemning entity's authority is properly established as part of our case review process.

A transmission line easement grants a utility the permanent right to construct and operate high-voltage power lines across your land. It restricts building construction in the corridor, may require the removal of trees and structures, and can significantly affect the market value of your property.

Transmission easements for new 765kV lines — such as those being built as part of ERCOT's Long-Range Transmission Plan in Texas — affect agricultural operations, development potential, and property values in ways that the utility's initial offer frequently fails to account for.

There is no fixed answer — it depends on your land's location, size, use, market value, the type of pipeline or transmission line, the width of the easement corridor, and all compensable damages. In high-value agricultural or development areas, the gap between the initial offer and fair compensation can be substantial.

National ROW works with MAI-certified independent appraisers to document the full value of your easement, including per-acre value, crop damage, severance damages, remainder impact, and any applicable business losses.

Under Texas Property Code Chapter 21, TxDOT must deliver the Landowner Bill of Rights to you before making an initial offer. You have the right to a written appraisal, the right to reject the initial offer, the right to hire your own appraiser or consultant, and the right to a special commissioner hearing and jury trial.

You are not required to accept TxDOT's initial offer. National ROW reviews TxDOT offers for accuracy and completeness — including loss of frontage, loss of access, drainage impacts, and severance damages that are frequently undervalued or omitted.

If you and TxDOT (or another condemning authority) cannot agree on compensation, the case goes to a panel of three special commissioners appointed by a county court judge. The commissioners hear evidence from both sides and set a compensation award.

Either side can then appeal the commissioner's award to the district court for a full trial, including a jury trial if requested. National ROW prepares landowners and coordinates their support team for every stage of this process.

TxDOT is required to pay the market value of the property taken plus severance damages to your remaining property. Compensable items include: fair market value of the land taken, loss of access and frontage, changes in drainage, crop and agricultural damage during construction, and any diminution in value of your remaining tract caused by the project or its use.

No. National ROW is a right-of-way consulting firm, not a law firm. We do not provide legal advice and no attorney-client relationship is created by contacting us or submitting a form. We help landowners understand their options, quantify damages, and negotiate compensation. When legal representation is needed, we coordinate with qualified eminent domain attorneys.

Nothing upfront. National ROW works on a contingency basis — our fee is a percentage of the increase we secure above the initial offer. If we do not improve your compensation, you owe us nothing. This structure means our interests are perfectly aligned with yours.

As soon as possible. Once you sign an easement agreement or settle a condemnation claim, it is extremely difficult to reopen or modify. If a ROW agent, TxDOT representative, or pipeline company has contacted you, seek an independent review before responding or signing anything.

National ROW offers a free case review — typically responded to within one business day.

Yes. National ROW is based in Texas but handles right-of-way cases in all 50 states. Every state has its own condemnation statutes, procedures, and compensation rules — and our team knows them. We have active cases across Texas, the Southeast, the Midwest, and the Mid-Atlantic states.

When you contact National ROW, we review the offer you have received, the property being taken, and the applicable state law. We give you an honest assessment of whether we believe we can recover more for you — and we do this at no charge and no obligation. If we take your case, we begin work immediately.

Solar and wind energy easements and leases are complex, long-term agreements — typically 25 to 40 years — with permanent or semi-permanent land restrictions. Unlike traditional condemnation, developers typically approach landowners with a voluntary lease or easement rather than exercising eminent domain authority.

National ROW evaluates these agreements for fair annual payments, escalation clauses, decommissioning obligations, surface use restrictions, access rights, and the impact of the development on your surrounding land value.

In most states, solar and wind developers do not have traditional eminent domain authority. However, the regulated utilities that purchase their power or the transmission lines serving their facilities may have such authority. This means most solar and wind acquisitions are voluntary — giving landowners significant negotiating leverage if they have the right representation.