Easements and eminent domain are some of the legal tools often used in land use and management, whether on farms, public lands, or private backyards. Professor Jim Bradbury, an adjunct professor at Texas A&M University School of Law and a partner at his own firm of James D. Bradbury, PLLC, addressed these topics as the first guest speaker for the 2022 Spring Speaker Series.
Bradbury’s extensive experience has allowed him to become especially proficient in easements and eminent domain. He explained that conservation easements and their contemporary application have been a particularly exciting focus for him in his work. These restrictions, Bradbury explains, run with the land and are never taken away, with the restrictions often protecting the property’s conservation and agricultural use. A common approach to conservation easements that allow for compensation are purchase easements. These easements are employed nationwide, with the US Department of Agriculture having a well-funded budget to create and implement them. Texas, itself, provides for conservation easements in the Texas Natural Resources Code, allocating around $5 to $6 million annually for purchase easements. Similarly, the Texas Parks and Wildlife Department also has funds for purchase easements.
Bradbury’s presentation also addressed more local-level applications, as well as unique implementations of conservation easements. One such illustration was land traceable back to a Spanish land grant adjoining Honey Creek State Park. Through the conservation easements and discussions with landowners, land development can be restricted and unique land conditions can be preserved.
Bradbury concluded his presentation with a dynamic discussion of eminent domain, inviting attendees to ask questions. Through this final discussion, he was able to tie together how conservation easements help in eminent domain proceedings. It was during this segment of the presentation that he also gave some key advice for new and future lawyers: “If you’re working in a law firm and hear about an eminent domain case, take it! It’s great for new attorneys.”