The hard truth…and your leverage
The lawyers at Harrison Davis are consulting with landowners potentially impacted by the planned Howard – Solstice 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
- AEP Texas and CPS Energy have proposed a new 765,000 volt, steel-lattice transmission line that would run from CPS Energy’s Howard Substation (southwest of San Antonio) to AEP Texas’ Solstice Substation near Fort Stockton. (AEP)
- The line would span approximately 370 miles (AEP), traversing numerous Texas counties. The final route for the line has not been determined, and the project maps show a wide area of potential impact. Landowners in Medina, Uvalde, Kinney, Bandera, Real, Edwards, Val Verde, Sutton, Crockett, Terrell, and Pecos Counties may be impacted.
- AEP/CPS anticipate filing their proposed Certificate of Convenience and Necessity (CCN) with the Texas Public Utilities Commission in February 2026.
- When the CCN is filed, notice will be mailed to property owners whose land is crossed by a proposed route or who have a habitable structure within 500 feet of the projected centerline.
What this means for affected land owners
Technical & Physical Impacts
- Tower design: The project will use self-supporting steel lattice structures and structures supported by guywires (AEP):
- AEP claims these towers will be between 140-160 feet tall, will be spaced about 1,400 feet apart, and will require easement widths of 200 feet or more.
- This will undoubtedly cause major impacts to agriculture, ranching, irrigation, wildlife, viewscapes, drainage, fencing, roads and other property functions, especially during the construction of the line.
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 some 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 are some of the issues that should be considered:
| Category | Key Protections / Negotiable Terms |
|---|---|
| Survey & Pre-entry | Demand strict limits: written notice, defined time windows, repair of damage, limited rights of access. |
| Easement Terms | Fix in writing: width, circuit count (including future capacity), structure placement, removal rights, expansion rights, access paths, gates/fencing, vegetation & clearing rules, herbicide use, restoration obligations, use of remainder for farming / ranching / wildlife, drainage management, and liability/indemnity/responsibility clauses. |
| Valuation & Compensation | Ensure full compensation for (a) the easement interest taken, (b) remainder damages (devaluation of the rest of your parcel due to the presence and burden of the line), (c) temporary damages and construction impacts, (d) any severance or functional impairment (e.g. blocking expansion, access, or interfering with highest-use). |
| Design / Mitigation Measures | Seek constrained routing around sensitive infrastructure (wells, water lines, pipelines, historic sites), buffer zones, minimal tower height in certain zones, updated drainage and erosion controls, seasonal construction windows aligned to your agricultural calendar, well/fence protections, and clauses for future line maintenance or upgrades. |
| Enforcement & Remedies | In the easement document: built-in remedies (liquidated damages, reclamation bond, holdback, periodic inspections), and obligation to restore utilities, land surface, fencing, vegetation. |
| Review & Oversight | Require that final design plans (survey plats, profiles, staking) be shared with you for review; preserve right to object or require minor adjustments before construction. |
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.
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 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.
NO RECOVERY – NO FEE
