The hard truth…and your leverage
The lawyers at Harrison Davis are consulting with landowners potentially impacted by the planned Bell County East – Big Hill 765 kV transmission line project.
If you own land that may be impacted by the construction of this large, high voltage power line, you’re likely feeling angry and overwhelmed. In Texas, companies with eminent-domain authority can take property for public use—with or without your consent. Stopping a project outright is uncommon (and unlikely), and the PUC approval process can seem indifferent to and inconsiderate about landowners’ property rights. But you do have some control over these critical matters: the compensation you receive and the terms that govern how your land is used.
Project Snapshot
- A new single-circuit 765 kV steel-lattice high voltage transmission line is proposed, linking Oncor’s Bell County East Switch (near Temple, Bell County) with a new 765 kV Big Hill Substation being built by LCRA TSC adjacent to their existing 345 kV Big Hill site. (Oncor)
- The line would span ~199 miles, traversing numerous counties including Bell, Burnet, Concho, Coryell, Lampasas, Llano, Mason, McCulloch, Menard, Milam, San Saba, Schleicher, Tom Green, and Williamson. (LCRA)
- Oncor will be responsible for the eastern portion; LCRA TSC for the western portion, each owning/operating their segment. (LCRA)
- To inform the route design, public meetings were held in June 2025 (Salado, Lampasas, Menard), and feedback was collected via questionnaires and route maps. (LCRA)
- Oncor/LCRA filed their joint application for a Certificate of Convenience and Necessity (CCN) with the Texas Public Utilities Commission on March 26, 2026.
- Property owners potentially impacted by the proposed transmission line received notice of the filing, and hundreds of landowners have either protested the line or intervened in the PUC proceeding.
- The filings can be accessed here.
- The PUC referred the matter to the State Office of Administrative Hearings (SOAH) to assign an administrative law judge and to conduct a hearing on the project, which is typical. That order can be accessed here.
- The hearing occurred on June 8-12, 2026, and various parties submitted post-hearing briefs in late June.
- Oncor/LCRA identified “Route 894” as their preferred route. However, PUC Staff has identified a different route – “Route 487” – as the one it recommends for the transmission line. Route 487 differs from Route 894 starting at Highway 281 south of Lampasas to Highway 16 north of Cherokee. The PUC Staff preferred route also differs from Oncor/LCRA’s preferred route starting at Highway 190 southwest of Brady through western McCullough County and through most of Menard County.
- Extensive testimony from Oncor/LCRA, PUC Staff, and landowners was submitted to the court.
- Under Texas law, the PUC must either approve or deny Oncor/LCRA’s application within 180 days after it is filed – that deadline is September 22, 2026.
- Once the PUC issues its decision, Oncor/LCRA is expected to quickly begin efforts to acquire easements along the approved line.
What this means for affected land owners
Technical & Physical Impacts
- Tower design: The project will use self-supporting steel lattice towers. (Oncor)
- Towers are expected to be well over 150 feet tall, spaced approximately 1,100 feet apart, and will require easement widths of 200 feet or more.
- Structure spacing and easement width are not fixed yet, but the line will impose significant vertical clearance, robust foundations, and permanent access paths.
- Major impacts to agriculture, ranching, irrigation, wildlife, viewscapes, drainage, fencing, roads and other property functions are all possible.
- Oncor/LCRA will likely attempt to use past examples of easement acquisition costs for lower voltage transmission lines to determine the easement values for this, first of its kind, 765 kV line.
- But this line is not just taller and wider, it is fundamentally different in kind. Landowners need lawyers experienced at evaluating damage to rural farm and ranch property and presenting that evidence to judges and juries to ensure that they receive fair, adequate, and full compensation.
What Can & Should Landowners Protect
Condemning entities have attorneys on their side.
You should too.
During the condemnation process, an attorney will represent the utility companies that are taking your property. That attorney’s singular goal is to acquire your property for as little as possible. If you want to obtain the full, legal value of your property, you need an experienced condemnation trial attorney to protect your interests.
We understand that representatives of the Texas Public Utilities Commission have said at town hall meetings that landowners do not need legal representation when dealing with companies who are taking your property. While it is true that you may choose to represent yourself, we strongly encourage anyone impacted by this project or any other land taking project to consult with an attorney before agreeing to anything.
It is important to understand that payment for the condemned property is only one part of the process – important, to be sure, but not the only important thing. Often more important than the money are the contractual terms governing the use of the easement, location and nature of any permanent structures, access to the owner’s property, and when the easement terminates. The utility company’s lawyer will negotiate for the best terms it can obtain, so it is important that you also have someone protecting your interests as the landowner.
Condemnation has unique procedures and long-lasting consequences. Engaging an attorney early helps you value remainder damages, structure tax-savvy payments, and lock in protective easement terms your grandkids won’t regret.
| Category | Key Protections / Negotiable Terms |
|---|---|
| Survey & Pre-entry |
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| Easement Terms |
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| Valuation & Compensation |
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| Design / Mitigation Measures |
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| Enforcement & Remedies |
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| Review & Oversight |
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These resources provide useful information to landowners and help further explain the condemnation/eminent domain process:
- Eminent Domain in Texas: A Landowner’s Guide, published by Texas A&M AgriLife Extension.
- Landowner’s Bill of Rights, published by the Office of the Attorney General of Texas.
Contact An Experienced Texas Eminent Domain Lawyer
For additional information about eminent domain or the right of the federal, state, or local governments to take away your property, contact us at 254-761-3300 (Waco area) or 409-753-0000 (Beaumont area). Alternatively, you can fill out our online intake form and one of our experienced condemnation trial attorneys will contact you.
REQUEST A FREE CONSULTATION
Contact the experienced litigation attorneys at Harrison Davis to schedule a free consultation and get the answers you need.