*This article was published on the Texas Agriculture Law Blog http://agrilife.org/texasaglaw.*
A Texas jury recently awarded $1.6 million to landowners in a case involving a dispute over the correct measure of compensation for an easement taken pursuant to eminent domain under Texas law. The pipeline company offered only $80,000 for the easement, arguing that the value of the actual 20' strip was the proper measure of compensation. The landowners argued that in addition to the value of the easement itself, the company was also required to pay "remainder damages" for the loss of value to the remainder of the landowers' property due to the easement. The jury sided with the Plaintiffs and awarded $1.6 million in compensation for the taking. Defendants are expected to appeal.
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