Brock Upham Yost PLLC
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Using environmental arguments to challenge eminent domain

As a property owner, it's upsetting to learn that the government wants to seize your land to build oil and gas pipelines or to engage in other fossil fuel-related projects. You may initially question whether the government has the right to use your land without gaining your permission first. The truth is that they can do this in certain situations.

Eminent domain is essentially the legal right of the government to take private property, as long as it is taken for the benefit of the public. Initiating this process means that the government needs to ask you as the property owner. If you agree to this, a negotiation for sale will be reached. If you do not want the government to take over your land, you will need to challenge eminent domain.

How can eminent domain be challenged?

To challenge eminent domain, you will need to show that the purpose of the land being used is not going to create a benefit for the public as a whole. If your land is being taken for use by the oil and gas industry, you will need to show that the use of land will not benefit the public.

How could environmental issues be a way to challenge eminent domain?

The use of fossil fuels rather than renewable energy sources is contributing to the warming of the planet, which is resulting in extreme weather and sea level rises that adversely affects the public currently, and it will continue to do so in the years to come. Therefore it may be possible to argue the furthering of the oil and gas industry is not resulting in an overall benefit to the public.

If you are worried about losing your land through eminent domain, it's a good idea to explore the wide range of legal options that you have at your disposal.

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Brock Upham Yost PLLC
616 E. Blanco Rd.
Suite 202B
Boerne, TX 78006

Phone: 830-275-5607
Phone: 830-816-9033
Fax: 830-584-0774
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