The Common Law
Electric Transmission Lines & Eminent Domain
Oncor Electric, the company that will condemn property ("the condemnor") for electric transmission line easements in Mills County, is required to notify all property owners whose land will be taken for the project. The condemnor will then order a property appraisal, in which an appraiser attempts to calculate the fair market value of the entire property and the specific property rights taken for the transmission line. Land-acquisition agents for the condemnor will use the amount in the appraisal report to make an offer to purchase the property needed for the project.
The offer may have a time limit that requires the landowner to respond by a particular date. The landowner is free to accept or reject the offer. If the landowner rejects the offer, the condemnor will file a lawsuit against the landowner to acquire the property rights it seeks. In Texas, the document the condemnor uses to initiate the lawsuit is called an original petition.
Rather than immediately launch into full-scale litigation, the next step in the Texas condemnation process is for the parties to conduct a special commissioners' hearing, which is presided over by three court-appointed commissioners. In this informal administrative proceeding, both the condemnor and the landowner can present evidence supporting their positions on fair market value. Either the landowner or condemnor can file objections to the special commissioners' award if they are unhappy with it, which then moves the proceeding to the trial phase.
The initial offer letters sent by condemning authorities can often be confusing and, at times, intimidating to property owners who are unfamiliar with the eminent domain process. More problematic, the offers are often much lower than the adequate and just compensation the condemnor is constitutionally required to pay. Landowners receiving offers in condemnation matters should seek the advice of experienced eminent domain lawyers to help evaluate the condemnor's proposed taking and corresponding offer.
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Johns, Marrs, Ellis. & Hodge LLP, www.jmehlaw.com.
The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.