I have coursed every corner of Texas hearing horror stories about eminent domain abuses through the years.

There was the Gulf Coast cotton farmer who had the misfortune of sharing a fence line with an ever-growing garbage dump.

There was the Del Rio rancher whose road through the heart of his headquarters offered the easiest access to the lakefront beyond.

Doug Eastland believes some of the trees on his property in Bosqueville are threatened by an easement held by Atmos Energy.
Bobby Horecka photo

And consider the countless battles homeowners have with power and gas companies all across West Texas.

But little did I expect to hear about one just beyond my own backyard.

Not, that is, until I crossed paths with Doug Eastland.

A Realtor by profession, Eastland knows property. When a 9-acre creekside gem near Bosqueville became available 2 1/2 years ago, he jumped at the opportunity.

Oaks and spring blossoms

Two Doug Eastlands could bear hug many of the magnificent oaks and barely grasp hands. Between the spring-fed pool below the house and spring blossoms all around, it’s a scene straight out of a Norman Rockwell painting.

Eastland readily admits he knew about the easement when he and his wife, Mary, bought the place.

A high-pressure gasline skirts its corner, so it holds papers dating to the 1940s. Aside from a couple of signs, however, no one would know it’s there.

“Just look at those trees,” Doug Eastland said. “They’re the main reason we bought the place.”

But those oaks may soon be no more.

Eastland said he recently met Atmos Energy representatives, who told him of plans to clear a path over the pipeline.

That action would effectively carve a 50-foot scar across his place.

“They said they wanted to be able to fly over to check the line,” Eastland said. “My question was, ‘Why now?’ ”

The company’s response, according to Eastland, was: “Because we can.”

With easement deals struck decades ago, he is doubtful if he’ll ever see a dime for the loss of those stately treasures.

And despite plans to seek remedies with the courts, it hasn’t put the hiatus on the clearing work.

Eastland came home a few days ago to find the yard littered with survey flags.

Judging from their placement, the project could claim not only those elder oaks but also half of his house.

He received word earlier last week that the clearing could begin as soon as Wednesday.

“I can build a new house,” he said. “But those trees are an entirely different matter. That line has been there since World War II and some of these trees were here long before that.

“It’s not like I can just grow another one that size — not in my lifetime, anyway.”

Doug Eastland’s story isn’t an uncommon one, attorney Regan Beck said.

Reform effort

Beck has focused Texas Farm Bureau’s lobby efforts in Austin to reform the state’s broken eminent domain system.

“Unfortunately, we hear of stories like Doug’s on a regular basis,” Beck said. “Some entities that have eminent domain authority use their power to run roughshod over a private individual.

“The issue may only be a matter of convenience for the entity, yet it may cause substantial and irreparable harm to the individual property owner.”

Although eminent domain and easements are not entirely the same, they are close cousins.

The same entities who can take away private property for a public reason (eminent domain) can also choose to simply use it (easement), which is often cheaper and seemingly less intrusive than outright condemnation.

Long-term effect

But just because no property changes hands is no reason to enter into such cases lightly. Easements, as Eastland learned, can forever affect how land gets used.

One of the obstacles to reining in these condemners is that no one even knows how many there are in Texas.

The list is long — cities, counties, schools, utilities — but no comprehensive list exists of all such entities, nor is there any oversight of them.

That’s why passage of eminent domain reform is so crucial, Beck said.

“Condemning entities should be required to treat property owners fairly and be held accountable if they do not,” he said.

“Until that happens, stories like Doug’s will happen again and again.”

Bobby Horecka lives in China Spring with his wife and three children. He writes for the Texas Farm Bureau’s print publications, online news service and video projects.