I always advise landowners facing a possible conviction to consult a lawyer to ensure that their rights are protected and to ensure that they receive the best possible money and the best possible conditions. These are things they should keep in mind. We do not recommend that you give the survey team oral permission to enter your country. Make sure that the written agreement on the temporary right of access is verified by a competent lawyer. He is a lawyer who deals with conviction and exceptional areas for landowners. In addition, if the business has the right to enter and measure, landowners can apply for a “right to entry,” which is essentially a contractual agreement with the company, which limits their rights and imposes other property rights on the landowner while the business is on the land. Just because you have to do a survey doesn`t mean you`ve lost your case. There are many different ways for you to protect your property rights, and they even come into play at the beginning of the process. There are a number of court proceedings that limit this right to visual checks and regular investigations and refuse to allow more invasive processes such as nuclear drilling or ground tests under the ground. See Coastal Marine Serv. City of Port Neches, 11 S.W.3d 509 (Tex. Ct. App.
– Beaumont 2000). In Texas, the courts have held that by granting the conviction of companies, the right to convict land includes the right to enter the field to conduct surveys in order to select land to acquire. Of course, this means that surveys can be carried out before the property is actually condemned. “In addition to the power of an important area, the authority is to enter the country to do a preliminary investigation.” I.P. Farms v. Exxon Pipeline Co., 646 S.W.2d 544 (Tex. Ct. App. – Houston (1st Dist.) 1982).
The courts have issued injunctions against landowners who are trying to intervene in this right. It is important to contact an experienced respected domain lawyer as soon as you get a right to apply for entry, to ensure that you should authorize the survey and to protect your rights. Whenever an entity or person without participating in your property wishes to enter, there are many points to consider and experienced domain lawyers can help. So we want the right to an access agreement to be temporary, we don`t want it indefinitely. We don`t want to let this survey team enter the property for the life of the project or who knows how long. Only people with legal conviction powers can compel you to authorize surveying on your land. Before giving permission to measure your country, speak to a Texas property lawyer. While you probably can`t stop the investigation, it`s important to be guided by the various effects of running a registration form and to be sure that you and your property are properly protected.
Can an owner deny them access? absolutely. As a general rule, this will not stop the survey or prevent the conviction process from moving forward. The right to enter a property arises as soon as the conviction authority first proposes to acquire the land, provided that the entity has the power of an important domain. Texas law allows and the entity with the power of an important domain to obtain a temporary or permanent freezing order preventing the landowner from interfering in the investigation. For many Texas property owners, the first news is that their country is being considered for a conviction, in the form of a “right of entry” application to allow surveyors or other staff access to their property. Unlike other states, Texas` major domain laws do not contain a right to entry.