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Easements, Rights of Way for Landowners: Eminent Domain?

By August 28, 2020Oil and Gas

By: Dick Emens and Cody Smith

Easements/Rights of Way are often forced upon landowners with the threat of eminent domain. What landowners do not usually realize is that some entities that demand an Easement/Right of Way do not have the right of eminent domain.

A currently important example of entities seeking Easements/Rights of Way which do not have eminent domain are for profit solar companies. Especially in Ohio, there are a number of companies acquiring Right of Way/Easements, options to lease and leases on privately owned land – – in order to place large numbers of solar panels on the land and provide electricity to a nearby substation for a (usually) large electric utility.

Once the landowner or his/her attorney understands that a company does not have the right of eminent domain to obtain ownership in real estate, the landowner has a much better chance of negotiating more landowner friendly terms and higher compensation in connecting with the proposed Easement/Right of Way.