Texas Easements, Landlocked Land and Eminent Domain Laws (2026)

In Texas, a prescriptive easement comes from case law rather than a statute of its own: the Texas Supreme Court requires use of another's land that is "open, notorious, continuous, exclusive, and adverse for the requisite period of time" (Brooks v. Jones, 578 S.W.2d 669 (Tex. 1979)), and that period is generally measured by the 10-year real-property limitation in Civil Practice and Remedies Code § 16.026(a). On eminent domain, Government Code § 2206.001 bars a governmental or private entity from taking property to confer a private benefit, as a pretext, or for economic development, but it leaves untouched takings for roads, utilities, common carrier pipelines and other listed public projects.

This page covers both halves of Texas law: easements between private landowners first, then the power to take private property for public use. For other states, see our guide to easement laws by state.

Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Texas state law on private easements (prescriptive easements, implied easements, ways of necessity, the county access-road petition in Transportation Code chapter 251, recording and conservation easements) and on condemnation of private property under article I, section 17 of the Texas Constitution, Government Code chapter 2206 and Property Code chapter 21. It does not cover adverse possession of title (see Texas squatters' rights), HOA covenants, zoning, regulatory takings beyond one paragraph, condemnation by the federal government (see eminent domain laws by state), or city and county ordinances.

Easements in Texas: the short version

An easement is a right to use someone else's land for a limited purpose, such as a driveway, a pipeline or a utility line, without owning it. In Texas, most of the rules on how an easement arises without a written grant come from Texas Supreme Court decisions, not from a statute. The table below summarizes the main rules covered on this page.

How long does a prescriptive easement take in Texas?

A prescriptive easement is an easement acquired by long use rather than by a deed. No Texas statute sets out its elements. The Texas Supreme Court stated the test in Brooks v. Jones (1979):

"To obtain a prescriptive easement one must use someone else's land in a manner that is open, notorious, continuous, exclusive, and adverse for the requisite period of time."

The court in Brooks also quoted an 1892 decision requiring a claimant to "clearly show open and peaceable possession for the full period required under the statute" and stating that if any essential element is not established "by a preponderance of the evidence, the claim to the easement cannot be maintained." The person claiming the easement carries that burden.

The statute that supplies the period is Civil Practice and Remedies Code § 16.026(a), which says a person "must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property." That section speaks of recovering real property; its use for easements comes from the case law, and Brooks does not itself state "10 years" as its holding. For that reason this page describes 10 years as the period generally applied, not as a fixed statutory rule for easements.

The elements are conjunctive. Use that is open but permissive, or adverse but interrupted, does not meet the test.

Shared use defeats exclusivity

The rule that most often decides Texas driveway and ranch-road disputes is about shared use. In Brooks v. Jones, the Texas Supreme Court explained:

"It has long been the law in Texas that when a landowner and the claimant of an easement both use the same way, the use by the claimant is not exclusive of the owner's use and therefore will not be considered adverse."

In Othen v. Rosier (1950), the court adopted an earlier rule that, in those circumstances, "the use of the roadway by the claimant and others is presumed to be with the consent of the owner and not adverse." Permission, express or presumed, is therefore the main reason a long-used Texas road does not become a prescriptive easement.

Prescriptive easements compared with adverse possession

A prescriptive easement is a right to use land; adverse possession concerns title to the land itself, and it has its own limitation periods, including the 10-year statute in § 16.026(a). Our guide to Texas squatters' rights covers those title rules. For other civil filing deadlines, see the Texas statute of limitations guide.

Giving permission for recreation

Permission raises a related question about injury liability. Civil Practice and Remedies Code § 75.002 addresses one setting: an owner, lessee or occupant who gives permission to enter land for recreation does not, by giving that permission, assure that the premises are safe, owe the person a greater degree of care than is owed to a trespasser, or assume liability for injuries caused by that person's acts. Subsection (b) covers agricultural land and subsection (c) other real property. Under § 75.002(d), those protections do not limit the liability of an owner who "has been grossly negligent or has acted with malicious intent or in bad faith." Except for a governmental unit, chapter 75 applies only to an owner, lessee or occupant who does not charge for entry, whose total recreational charges in the previous calendar year were not more than 20 times the ad valorem taxes on the premises for that year, or who carries the liability insurance described in § 75.004 (§ 75.003(c)). This is a tort-liability statute; it does not itself create or prevent an easement.

Implied easements and landlocked property

Texas recognizes easements implied from the circumstances of a sale. Two kinds come up most often: the easement from prior use and the way of necessity.

Easement implied from prior use

In Drye v. Eagle Rock Ranch (1963), the Texas Supreme Court noted that, because of the Statute of Frauds and the recording statutes, "the courts have been careful in the engrafting of easements by implication." The court listed the requirements this way: the use "must be apparent, in existence at the time of the grant"; it "must have been continuous"; and it "must be necessary to the use of the dominant estate."

Way of necessity

The common-law way of necessity is the private route for an owner whose land is cut off. The Texas Supreme Court in Othen v. Rosier quoted with approval this statement of the rule:

"It is dependent upon an implied grant or reservation, and cannot exist unless it is affirmatively shown that there was formerly unity of ownership of the alleged dominant and servient estates, for no one can have a way of necessity over the land of a stranger. Necessity alone, without reference to any relations between the respective owners of the land, is not sufficient to create such a right."

The court in Othen also required a showing "(1) that there was a unity of ownership of the alleged dominant and servient estates; (2) that the roadway is a necessity, not a mere convenience; and (3) that the necessity existed at the time of severance of the two estates."

Texas applies strict necessity. In Duff v. Matthews (1958), the court said Texas was "committed to the doctrine of 'strict' necessity" and quoted the rule that "a claimant cannot have a way of necessity over lands granted or reserved if he has another mode of access to his land, however inconvenient." An owner whose tract never shared a common owner with the neighboring tract, or who has another way in, cannot rely on this doctrine.

The county access-road petition (Transportation Code § 251.053)

Texas also has a statutory route, but it produces a public road, not a private easement. Under Transportation Code § 251.053(b), "a person who owns real property to which there is no public road or other public means of access may request that an access road be established connecting the person's real property to the county public road system" by a sworn application to the commissioners court. The application must:

• designate the lines sought to be opened;
• include the names and places of residence of the persons who would be affected; and
• describe why the road is necessary.

If the court determines that the applicants do not have access to their property, it "may issue an order declaring the lines designated in the application, or other lines established by the court, to be a public road," open for a width of not less than 15 feet or more than 30 feet on each side of a designated line. The decision is discretionary ("may"). Under § 251.053(e), damages to affected property owners "shall be assessed by a jury of property owners in the manner provided for other public roads," and "the county shall pay all costs incurred in connection with the proceedings to open a road under this section." The commissioners court is not required to maintain a road established this way using county employees, but must make it initially suitable for use as an access public road (§ 251.053(f)).

The ordinary public process for new county roads is different. Under § 251.052(a), a new road or the discontinuance of a road requires a petition signed by eight property owners in the precinct, and a change to an existing road needs one. The applicants must post written notice at the courthouse door and at two other places near the route for at least 20 days before applying (§ 251.052(c)).

A county road can also be lost through disuse. Under § 251.057(a), a county road is abandoned "when its use has become so infrequent that one or more adjoining property owners have enclosed the road with a fence continuously for at least 20 years," but that rule does not apply to "an access road that is reasonably necessary to reach adjoining real property."

Access to a cemetery

Texas also gives a narrow statutory access right for cemeteries. Under Health and Safety Code § 711.041(a), a person who wishes to visit a cemetery or private burial grounds "for which no public ingress or egress is available shall have the right to reasonable ingress and egress for the purpose of visiting." The surrounding owner may designate the routes and reasonable hours (§ 711.041(b)); a visit at another reasonable time requires written notice to the owner not later than the 14th day before the visit (§ 711.041(c)). The section does not apply to an unverified cemetery (§ 711.041(d)).

Express, recorded and special easements

Written and recorded easements

An express easement is one created by a deed or other written instrument. Property Code § 13.001(a) provides that a conveyance of "an interest in real property" is void as to a creditor or a later purchaser for value without notice unless the instrument has been acknowledged, sworn to, or proved and filed for record as required by law. Recording an easement therefore protects it against later buyers who lack notice. Our Texas property records guide explains how to search county deed records for recorded easements.

Conservation easements

Natural Resources Code chapter 183 governs conservation easements. Under § 183.002(e), a conservation easement "must be created in writing, acknowledged and recorded in the deed records of the county in which the servient estate is located," with a legal description of the land. Under § 183.002(c), it is "unlimited in duration unless the instrument creating it makes some other provision."

Pipeline easements

Several Texas statutes address pipeline easements specifically:

• Width of older easements. Under Natural Resources Code § 111.0194(a), unless the grant or condemnation judgment expressly provides otherwise, or rights held by prescriptive use are greater, an easement for a single common carrier pipeline laid before January 1, 1994 is presumed to extend only 50 feet for each pipeline.
• Restoration. Under § 111.0193, every condemnation award under that chapter "shall require that the condemnor restore the property which is the subject of the award to its former condition as near as reasonably practicable."
• Notice before survey entry. Before entering property to make a preliminary survey for use in eminent domain, a common carrier must give the owner written notice and an indemnification provision (§ 111.019(d)), "not later than the second day before the date of entry to the property" (§ 111.019(e)).
• Roads across the easement. Gov't Code § 2206.002 applies only to an easement acquired for a pipeline used for oil or gas exploration or production activities. An owner whose property was acquired by eminent domain for such an easement may build streets or roads above it; at least 30 days before construction of an asphalt or concrete street or road in the easement area begins, the owner must submit plans to the easement owner (§ 2206.002(d)). Within the easement the road must cross at or near 90 degrees and may not exceed 40 feet in width, violate pipeline regulations, or interfere with pipeline operation and maintenance.
• Instrument terms. Under Property Code § 21.0114, a private entity with eminent domain authority must offer a conveyance instrument that addresses statutory terms, such as the maximum number and diameter of pipelines, the type of substances transported, and the maximum width of the easement.

How an easement ends in Texas

Texas courts treat abandonment of an easement as a question of intent. In Dallas County v. Miller (1942), in an opinion adopted by the Texas Supreme Court, the court stated that abandonment may be shown by circumstances, but "those circumstances must disclose some definite act showing an intention to abandon and terminate the right possessed by the easement owner." It added that the intention "must be established by clear and satisfactory evidence" and that "mere nonuser of an easement will not extinguish it."

The 20-year fencing rule in Transportation Code § 251.057, described above, is written for county roads.

Eminent Domain in Texas

Eminent domain is the power to take private property for public use with compensation. In Texas it rests on article I, section 17 of the Texas Constitution, Government Code chapter 2206, and the condemnation procedure in Property Code chapter 21. For federal law and other states, see our guide to eminent domain laws by state.

The takings clause

Article I, section 17(a) of the Texas Constitution provides that "No person's property shall be taken, damaged, or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person." The section then limits takings to those for the ownership, use and enjoyment of the property, notwithstanding an incidental use, by the State, a political subdivision, the public at large, or an entity granted the power of eminent domain under law, or for the elimination of urban blight on a particular parcel. The clause expressly covers property that is damaged or destroyed, not only property that is taken. Since January 1, 2010, the Legislature may grant the power of eminent domain to an entity only by a two-thirds vote of all the members elected to each house (§ 17(c)), and except where property is taken for the use of the State, compensation "shall be first made, or secured by a deposit of money" (§ 17(d)).

Can Texas take property for a private developer?

Texas limits takings for private benefit at two levels.

The statute. The Legislature enacted this limit in 2005 (SB 7, 79th Legislature, 2nd Called Session, effective November 18, 2005). Government Code § 2206.001(b) provides that a governmental or private entity "may not take private property through the use of eminent domain if the taking":

1. "confers a private benefit on a particular private party through the use of the property";
2. "is for a public use that is merely a pretext to confer a private benefit on a particular private party";
3. is for economic development purposes, unless the economic development is a secondary purpose resulting from municipal community development or urban renewal activities to eliminate an existing affirmative harm from slum or blighted areas under Local Government Code chapter 373 or 374 (other than an activity described by § 373.002(b)(5)) or Tax Code § 311.005(a)(1)(I); or
4. "is not for a public use."

Under § 2206.001(e), the condemnor's own determination that its taking is not prohibited "does not create a presumption" either way.

The constitution. Article I, section 17(b), added by a 2009 amendment, provides: "In this section, 'public use' does not include the taking of property under Subsection (a) of this section for transfer to a private entity for the primary purpose of economic development or enhancement of tax revenues."

The carve-outs. Section 2206.001(c) states that it "does not affect the authority of an entity authorized by law to take private property through the use of eminent domain" for listed purposes, including transportation projects such as railroads, airports, and public roads or highways; utility services; the operations of a common carrier pipeline or an energy transporter; and purposes authorized by Utilities Code chapter 181. The economic-development limit therefore does not stop condemnation for those projects.

For pipelines, the Texas Supreme Court has required more than a claim of common-carrier status. In Texas Rice Land Partners v. Denbury Green Pipeline (2012), it held that for a CO2 pipeline to qualify as a common carrier, "a reasonable probability must exist that the pipeline will at some point after construction serve the public by transporting gas for one or more customers who will either retain ownership of their gas or sell it to parties other than the carrier."

At the federal level, the U.S. Supreme Court held in Kelo v. City of New London (2005) that an economic-development taking under a comprehensive plan satisfied the Fifth Amendment's public-use requirement, while stating that "nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power." In Devillier v. Texas (2024), the Court stated that on remand the property owners "should be permitted to pursue their claims under the Takings Clause through the cause of action available under Texas law."

Who may condemn, and the public vote

The offer and notice rules in Property Code chapter 21 apply to both governmental and private entities with eminent domain authority (§ 21.0112). A governmental entity has an extra step under the Truth in Condemnation Procedures Act: before filing a condemnation petition, it must authorize the proceeding at a public meeting by a record vote and list the use of eminent domain as an agenda item in the meeting notice (Gov't Code § 2206.053(a)).

The Landowner's Bill of Rights

The Attorney General prepares a Landowner's Bill of Rights under Gov't Code § 402.031. Under § 402.031(b), it must tell each owner of the right to:

1. notice of the proposed acquisition;
2. a bona fide good faith effort to negotiate by the entity;
3. an assessment of damages that will result from the taking;
4. a hearing under Property Code chapter 21, including a hearing on the assessment of damages;
5. an appeal of a judgment, including an appeal of the assessment of damages; and
6. file a written complaint with the Texas Real Estate Commission about alleged misconduct by a registered easement or right-of-way agent acting for the entity.

Under Property Code § 21.0112(a), the entity must send the statement "not later than the seventh day before the date" of its final offer, to the last known address of the person shown on the most recent tax roll. The section also requires the entity to provide a copy before or at the same time as it first represents to the landowner that it has eminent domain authority.

Offers and appraisal disclosure

A condemnor must make a "bona fide offer" before suing. Under Property Code § 21.0113(b), that requires:

• A written initial offer that includes the Landowner's Bill of Rights; a statement, in bold print and a larger font, of whether the compensation offered includes damages to the remaining property or an appraisal by a certified general appraiser; a conveyance instrument; and the name and telephone number of the entity's representative.
• A waiting period. The written final offer may be made only "on or after the 30th day after the date on which the entity makes a written initial offer."
• An appraisal first. Before the final offer, the entity must obtain "a written appraisal from a certified appraiser of the value of the property being acquired and the damages, if any, to any of the property owner's remaining property."
• A floor. The final offer must be "equal to or greater than the amount of the written appraisal obtained by the entity."
• Documents. A copy of the appraisal, the deed or easement instrument, and the Bill of Rights must accompany the final offer or have been provided earlier.
• Time to respond. The entity must give the owner "at least 14 days to respond to the final offer."

Appraisals are shared in both directions under § 21.0111. With an offer to purchase or lease, the entity must disclose by certified mail "any and all appraisal reports" relating specifically to the owner's property prepared in the 10 years before the offer. If an appraisal will be used at the commissioners' hearing, the entity must disclose its current reports no later than the third business day before the hearing (§ 21.0111(a-1)). The owner must disclose the owner's own current appraisal reports used to form an opinion of value by the earlier of the 10th day after receiving the report or, if the report will be used at the hearing, the third business day before the hearing (§ 21.0111(b)).

A condemnor may not include a confidentiality provision in an offer or agreement to acquire the property, and must tell the owner of the right to discuss any offer or agreement with others or to keep it confidential, unless it is subject to the Public Information Act (§ 21.0111(c)).

If a court finds that the condemnor did not make a bona fide offer, it "shall abate the suit, order the condemnor to make a bona fide offer," and order the condemnor to pay costs and "any reasonable attorney's fees and other professional fees incurred by the property owner that are directly related to the violation" (§ 21.047(d)).

The petition and the special commissioners

If the parties do not agree, the condemnor files a petition. Under § 21.012(b), the petition must describe the property, "state with specificity the public use," state where applicable that the Bill of Rights was provided, and state that a bona fide offer was made. A copy must go to the owner by certified mail, return receipt requested, and by first class mail, and to the owner's attorney if the entity has written notice of representation (§ 21.012(c)).

The key deadlines that follow are:

When the judge appoints commissioners, the judge must give preference to persons the parties agreed on, if any (§ 21.014(a)).

Objecting to the award, trial and appeal

A party who disagrees with the commissioners' award files a written statement of objections and their grounds with the court by the § 21.018(a) deadline. If a party objects, "the court shall cite the adverse party and try the case in the same manner as other civil causes" (§ 21.018(b)). If no party files timely objections, the judge "shall adopt the commissioners' findings as the judgment of the court" (§ 21.061).

The judgment is appealed "as in other civil cases," but the appellate court "may not suspend the judgment of the trial court pending the appeal" (§ 21.063).

Possession before the case ends

Texas lets a condemnor take possession after the commissioners' award, while further litigation continues. Under § 21.021(a), the condemnor may do so if it:

1. pays the owner the damages and costs the commissioners awarded, or deposits that amount with the court subject to the owner's order;
2. deposits with the court either the amount of the award or a surety bond in the same amount, to secure payment of any larger award by the court; and
3. executes a bond with two or more sureties approved by the judge to secure additional costs.

Under § 21.021(c), the State, a county, a municipal corporation, and certain irrigation, water improvement and water power control districts do not have to make the second deposit or bond, or the cost bond. Chapter 21 does not set a specific notice period before an owner must vacate after possession is taken this way.

To withdraw deposited money, the owner must file tax certificates showing no delinquent taxes on the property or any larger tract it is part of, and, for a whole taking after the tax bill is sent, a receipt showing current-year prorated taxes have been paid (§ 21.0211(a)).

If a court finally determines that a condemnor who took possession had no right to condemn, the court may award the owner the damages that resulted from the temporary possession, and must order the condemnor to surrender possession. If the award the owner received exceeds the court's final determination of value, the owner must return the excess (§§ 21.044, 21.062).

How compensation is measured

Under Property Code § 21.042:

• Whole tract. Damages are "the local market value of the property at the time of the special commissioners' hearing" (§ 21.042(b)).
• Partial taking. The commissioners determine damages "after estimating the extent of the injury and benefit to the property owner, including the effect of the condemnation on the value of the property owner's remaining property" (§ 21.042(c)).
• Exclusions. They "may not consider an injury or benefit that the property owner experiences in common with the general community, including circuity of travel and diversion of traffic" (§ 21.042(d)).

Property Code chapter 21 contains no extra percentage or bonus for an owner-occupied home.

Moving and relocation payments

Two sections address displacement:

• Moving expenses. An owner "permanently physically displaced" from a dwelling or place of business, who is not entitled to moving reimbursement under another law, may recover the reasonable expenses of moving personal property, in addition to other damages. The recovery may not exceed the market value of the property moved, and "the maximum distance of movement to be considered is 50 miles" (§ 21.043).
• Relocation assistance. When the State or a political subdivision displaces an individual, a family, the personal property of a business, a farming or ranching operation, or a nonprofit organization, it must pay moving expenses and rental supplements, make relocation payments, and provide financial assistance for replacement housing as a cost of acquisition (§ 21.046(b)). Those payments may not exceed what the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 authorizes (§ 21.046(d)).

Court costs and attorney fees

Texas does not generally shift an owner's attorney fees to the condemnor. Court costs and fees are handled separately:

• Court costs. If the commissioners award more than the condemnor offered before proceedings began, or a court on appeal awards more than the commissioners did, "the condemnor shall pay all costs." If the award is "less than or equal to the amount the condemnor offered before proceedings began, the property owner shall pay the costs" (§ 21.047(a)). These are court costs, not attorney fees.
• Condemnor dismisses. A court that grants a condemnor's motion to dismiss "shall make an allowance to the property owner for reasonable and necessary fees for attorneys, appraisers, and photographers" and other expenses to the date of the hearing (§ 21.019(b)).
• Right to condemn denied. If the court grants an owner's motion seeking a judicial denial of the right to condemn, or otherwise denies that right, it "may" make the same allowance (§ 21.019(c)).
• Dismiss and refile. After an award, a condemnor "may not dismiss the condemnation proceedings merely to institute new proceedings" to obtain a lower award. If it dismisses and later files to condemn substantially the same interest from the same owner, the court enters the first award again and "shall award the property owner triple the amount of the expenses that were allowed the property owner prior to the dismissal" (§§ 21.019(a), 21.020).
• TxDOT cases. The Texas Department of Transportation may dismiss its own case only if the owner's interest will not be materially affected. On dismissal, the owner receives an allowance for the department's use of the property, damage caused, and expenses including reasonable and necessary attorney fees (§ 21.0195).
• No bona fide offer. Fees "directly related to the violation," as described above (§ 21.047(d)).
• Information requests. A condemnor that is not subject to the Public Information Act (Gov't Code chapter 552) must produce information related to the taking of an owner's property when that owner requests it, responding under the Texas Rules of Civil Procedure as if the request were made in a pending district court case (§ 21.025(a), (c)). If the court determines that a refusal violates the section, it "may award the requestor's reasonable attorney's fees incurred to compel the production of the information" (§ 21.025(f)).

Outside these provisions, chapter 21 does not shift an owner's attorney or appraiser fees to the condemnor.

Buying the property back

Property Code subchapter E gives the former owner, or the owner's heirs, successors or assigns, a right to repurchase in listed situations. They include no actual progress toward the public use "between the date of acquisition and the 10th anniversary of that date," where "actual progress" means completing three or more of the actions listed in § 21.101(b). The three-action test applies to property acquired in condemnations in which the petition was filed on or after September 1, 2021 (SB 726); earlier acquisitions are governed by the prior law, which required two or more actions from a longer list. A navigation district, a port authority, or a water district implementing a project in the state water plan may instead show actual progress through one listed action plus a development plan adopted by its governing body at a public hearing (§ 21.101(b-1)).

For condemnations in which the petition was filed on or after September 1, 2025 (HB 2011), the grounds also include an entity that owes ad valorem taxes on the property, has received a tax bill, and "has failed to pay any ad valorem taxes on the acquired property before the third anniversary of the date on which the unpaid taxes became due" (§ 21.101(a)(4), with a parallel ground for a fee simple interest in § 21.101(a)(5)). Condemnations in which the petition was filed before that date are governed by the law in effect immediately before it.

The steps are:

• Disclosure at acquisition. The entity must disclose in writing that the owner may be entitled to repurchase or to request information, and that "the repurchase price is the price paid to the owner by the entity" at acquisition (§ 21.023).
• Information request. On or after the 10th anniversary of the acquisition, the owner may ask the entity whether the public use was canceled before the property was used for it, whether actual progress was made, and whether the property became unnecessary for the public use before the 10th anniversary. The entity must answer by certified mail within 90 days of receiving the request (§ 21.1021).
• Tax-payment requests (condemnations with petitions filed on or after September 1, 2025). Where the acquiring entity is responsible for paying ad valorem taxes on the property, the former owner may ask at any time after the 18-month anniversary of the acquisition, but not more than once a year, whether all of those taxes have been paid (§ 21.1021(a-1)). A person entitled to repurchase on a tax ground may give notice of the intent to repurchase before any entity notice or response (§ 21.103(a-1)).
• Entity's notice. An entity that determines a former owner is entitled to repurchase must send notice by certified mail within 180 days of that determination (§ 21.102).
• Owner's notice of intent. The owner must notify the entity of the intent to repurchase not later than the 180th day after the postmark on the entity's notice or response (§ 21.103(a)).
• Offer and expiry. The entity then offers the property for the price it paid at acquisition, and the right "expires on the 90th day after the date on which the entity makes the offer" (§ 21.103(b)).

The right is extinguished one year after the entity's notice period expires if the entity was required to give notice, made a good faith effort to locate and notify each person entitled to notice, and received no response in time (§ 21.1022).

Inverse condemnation and regulatory takings

When government takes or damages property without filing a condemnation case, the owner's claim is called inverse condemnation. In Brazos River Authority v. City of Graham (1961), the Texas Supreme Court observed that "the great weight of American authority supports the position that, absent a particular statute covering the situation, the land limitation rather than the general limitation statutes apply to such inverse condemnation proceedings."

Restrictions imposed by regulation fall under a separate law, the Private Real Property Rights Preservation Act (Gov't Code chapter 2007). A suit under § 2007.021 "must be filed not later than the 180th day after the date the private real property owner knew or should have known that the governmental action restricted or limited the owner's right in the private real property."

Recent changes

• HB 2011 (89th Legislature, 2025), effective September 1, 2025, amended the repurchase sections (§§ 21.101-21.103 and 21.1021) and added the ground for repurchase based on the condemning entity's failure to pay ad valorem taxes before the third anniversary of their due date. The changes apply only to condemnations in which the petition is filed on or after September 1, 2025.
• HB 16 (89th Legislature, 2nd Called Session), effective December 4, 2025, amended § 21.049, which now requires the clerk to send notice of the commissioners' decision by a delivery method described under Rule 21a of the Texas Rules of Civil Procedure.
• HB 2730 (87th Legislature, 2021), effective January 1, 2022, amended the bona fide offer section (§ 21.0113), the petition section (§ 21.012) and the commissioners section (§ 21.014), added the required terms for instruments conveying certain easements (§ 21.0114), and required the Landowner's Bill of Rights to include an addendum listing those terms (Gov't Code § 402.031(c-1)).
• SB 726 (87th Legislature, 2021), effective September 1, 2021, raised the "actual progress" threshold for repurchase from two to three listed actions, for property acquired in condemnations in which the petition is filed on or after that date (§ 21.101(b)).

Related Texas guides

• Easement laws by state
• Eminent domain laws by state
• Texas squatters' rights and adverse possession
• Texas property records
• Texas statute of limitations

Disclaimer: This article provides general legal information about Texas easement and eminent domain law as of 2026-10-19. It is not legal advice. Easement and condemnation disputes turn on specific facts, deeds and deadlines; for advice about a specific situation, contact a lawyer licensed in Texas.

Last updated: 2026-10-19.

Frequently Asked Questions

How long does it take to get a prescriptive easement in Texas?

No Texas statute is written specifically for prescriptive easements. The Texas Supreme Court requires open, notorious, continuous, exclusive and adverse use for the requisite period (Brooks v. Jones, 1979), and that period is generally measured by the 10-year real-property limitation in Civ. Prac. & Rem. Code § 16.026(a).

Can I get an easement if I share a driveway or road with the owner?

Texas law treats a way used by both the landowner and the claimant as not exclusive and therefore not adverse, and such shared use is presumed to be with the owner's consent (Brooks v. Jones, 1979; Othen v. Rosier, 1950). Without adverse use, a prescriptive easement does not arise.

What can I do if my land is landlocked in Texas?

Two routes exist. The common-law way of necessity requires that both tracts were once under common ownership, that access is strictly necessary, and that the necessity existed when the tracts were severed (Othen v. Rosier; Duff v. Matthews). Transportation Code § 251.053(b) separately lets an owner with no public road or other public means of access apply to the county commissioners court for a public access road.

Who pays for a county access road to landlocked property in Texas?

Under Transportation Code § 251.053(e), damages to affected property owners are assessed by a jury of property owners in the manner provided for other public roads, and the county pays all costs incurred in connection with the proceedings to open the road. Under § 251.053(f), the commissioners court is not required to maintain the road using county employees but must make it initially suitable for use as an access public road.

Can an easement be lost through nonuse in Texas?

In Dallas County v. Miller (1942), in an opinion adopted by the Texas Supreme Court, the court stated that mere nonuse of an easement will not extinguish it; abandonment requires circumstances showing a definite act of intent to abandon, established by clear and satisfactory evidence.

Can Texas take my property for a private developer?

Gov't Code § 2206.001(b) bars any governmental or private entity from taking property to confer a private benefit on a particular private party, as a pretext, or for economic development purposes, except where economic development is a secondary purpose of listed municipal slum and blight programs. The Texas Constitution (art. I, § 17(b)) also excludes from public use a transfer to a private entity for the primary purpose of economic development or enhancement of tax revenues.

Can a pipeline company use eminent domain in Texas?

Gov't Code § 2206.001(c)(7) states that the statute's limits do not affect the eminent domain authority of an entity authorized by law to take property for the operations of a common carrier pipeline or an energy transporter. For a CO2 pipeline, the Texas Supreme Court held that a reasonable probability must exist that the line will serve the public by transporting gas for customers (Texas Rice Land Partners v. Denbury Green Pipeline, 2012).

What is the Texas Landowner's Bill of Rights?

It is a statement prepared under Gov't Code § 402.031 that tells owners they have rights to notice, a bona fide good faith effort to negotiate, an assessment of damages, a hearing under Property Code chapter 21, an appeal, and a written complaint to the Texas Real Estate Commission about a registered easement or right-of-way agent. A condemnor must provide it no later than the seventh day before its final offer (Prop. Code § 21.0112).

How long do I have to object to a special commissioners' award in Texas?

Written objections must be filed on or before the first Monday following the 20th day after the commissioners file their findings with the court (Prop. Code § 21.018(a)). If no party objects in time, the judge adopts the findings as the judgment (Prop. Code § 21.061).

How is just compensation calculated in Texas eminent domain?

For a whole tract, damages are the local market value of the property at the time of the special commissioners' hearing. For a partial taking, the commissioners weigh the injury and benefit to the owner, including the effect on the remaining property, but not injuries shared with the general community such as circuity of travel (Prop. Code § 21.042).

Does the condemnor pay my attorney fees in Texas?

Generally not. Property Code chapter 21 shifts attorney fees only in listed situations: the condemnor's own dismissal (§ 21.019(b)), a judgment denying the right to condemn, where fees are discretionary (§ 21.019(c)), a TxDOT dismissal (§ 21.0195), a dismissal and refiling, where the court awards triple the expenses allowed before the dismissal (§ 21.020), the lack of a bona fide offer, limited to fees directly related to that violation (§ 21.047(d)), and fees incurred to compel information that a condemnor not subject to the Public Information Act refused to produce in violation of § 21.025, which the court may award (§ 21.025(f)).

Can I buy my land back after a Texas condemnation?

Property Code §§ 21.101-21.103 give a repurchase right on listed grounds, including no actual progress toward the public use within 10 years of acquisition and, for condemnations in which the petition was filed on or after September 1, 2025 (HB 2011), the entity's failure to pay ad valorem taxes before the third anniversary of their due date. The price is the price the entity paid at acquisition, and the right expires 90 days after the entity's offer.