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.
What this means for affected land owners
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.
These resources provide useful information to landowners and help further explain the condemnation/eminent domain process:
Disclaimer: This page is general information for Texas landowners and not legal advice. Every tract and project is different. For advice on your facts, you should seek the advice of counsel.
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 800-460-2756 (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.