November 2, 2026

When a pipeline, utility line, or roadway crosses private land, the owner usually keeps the property but gives up some rights. Valuing that loss is a specialized exercise.

The before-and-after rule

In Texas, the general rule measures the difference in the land’s value immediately before and immediately after the taking. When only part of a property is taken, as with an easement, compensation is the market value of the part taken plus any loss in value to the remainder of the land. vlexvlex

What an easement appraisal covers

The Texas Department of Transportation explains that an easement appraisal involves five valuation issues rather than the usual three: the easement area’s value before and after the easement, the remainder’s value before and after, and the value of the whole property before. City acquisition templates also address temporary construction easements and cost to cure as separate line items. txdot

Damage to the remainder

Remainder damages are often the most disputed part. One industry publication notes that the landowner generally carries the burden of showing the remainder was worth more before the easement and that the project caused the decline. The appraiser’s job is to support that analysis with market evidence. midstreambusiness

The per linear foot debate

Buyers of easements often pay by the linear foot. A paper by a firm that represents landowners states that courts have typically rejected per linear foot valuation in condemnation cases. That is one side’s view, so confirm current law with an attorney. utcle

Why this matters

Easement and right-of-way work turns on the facts of each tract: its highest and best use, its size, and how the improvement affects what is left. A qualified appraisal grounds negotiation or testimony in evidence.

This post is for informational purposes only and is not legal advice.

Sources: Exxon Pipeline Co. v. Zwahr (https://case-law.vlex.com/vid/exxon-pipeline-co-v-887906011 and https://case-law.vlex.com/vid/88-s-w-3d-630463234); TxDOT Right of Way Manual, “Channel, Private, and Temporary Easements” (https://www.txdot.gov/manuals/row/apr/chapter-3–valuation—legal-aspects—policy/procedures_on_appraisals_of_specific_types_and_sit/channel–private–and-temporary-easements.html); Midstream Business, “Finding Remainder” (https://www.midstreambusiness.com/exclusives/finding-remainder-16030); Barron, Adler, Clough & Oddo paper for UT CLE (https://utcle.org/ecourses/get-asset-file/asset_id/42460/code/OC7000); Houston Public Works land acquisition appraisal template (https://www.houstonpublicworks.org/sites/g/files/nwywnm456/files/doc/001-land_acquisition_appraisal_template_02012023.pdf).