Texas pipeline condemnation can be a complex and tricky proposition. Modern condemnation actions are primarily governed by Texas Property Code Chapter 21, with recent legislation adding some new wrinkles. In addition, a body of interpretive common law has arisen to help guide litigants. This article briefly walks through a typical pipeline condemnation proceeding.
Broadly speaking, condemnation is a formal determination and judicial declaration that certain property will be taken from its present owner for the public’s use. The right to condemn property lies in the government’s inherent power of eminent domain. Texas Constitution Article I, §17 provides for “adequate compensation” when private property is taken, damaged or destroyed for public use.
