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Power Line right a way question?
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tmcalister
Posted 11/22/2012 01:24 (#2710243 - in reply to #2709877)
Subject: Re: Power Line right a way question?



North Central Texas
We are in the construction phase of a twin 345kv powerline in North Texas. I don't know what your laws are like in Kansas and that will determine everything. It sounds as if Ray may know but I will tell you what we have been through and wish better for you. In our county in Texas we had the informational meetings that you spoke of. The Texas Utility Commission lets the power company that is going to build the line conduct the meeting to educate the public. Most of what we were told at those meeting were lies. They gave us 4 routes and we were #4 on the list and guess who got the line. We were told at the meeting not to worry that our route was not prefered and we were stupid and belived them as it made sense. We were the longest route, higher cost, over more cropland than grassland and more homes. It only makes sense that government would not build there but government seldon does the logical thing. The number one and two prefered routes hired expensive lawyers and fought to keep the line off of their land. The final route was a combination of the route # 3 and 4.

The company that built our line is Oncor and is the worst possible to deal with. I am convinced that you must be a confirmed lying, cheating, scoundrel to work for them. In Texas we have the Law of Emmiment Domain and the power company doesn't have to negotiate with you. They make you some pittance offer and if you don't accept they pursue to grab your land through condemnation. Your local county judge appoints 3 panel members (property owners in the county) to hear your case as well as the power company's case about the value of your porperty and those 3 decide what your land is worth. Generally they will take what land sells for in your area and double it. The problem is when you want to talk to them about the diminished value of the rest of your land that joins the powerline right of way the say the no such thing exists. If you are unhappy with their decision you can then appeal to a jury trial in County Court but the power company can enter your property and build the line at this time against you wishes. Now you are going to trial you must pay an attorney, appraisers, expert witnesses, and if you lose your case at the Courthouse you get to then pay for the power companies lawyers, appraisers, expert witnesses, etc., etc., as well. Ray spoke of getting them to build fences and insurance policies and such. The only way you get those things is through negotiation and they wouldn't negotiate. When you asked for any of those things they said "maybe" if you take their pittance sum. Just across the Red River in Oklahoma I have a friend that negotiated a deal with a private company for $10,000 per acre for the right of way on a twin 345Kv powerline so we thought that might be a pretty good baseline to work with. In our county the values put on land by our panel members ranged from $1200 per acre to $8300 per acre. I got $4400. The property owener that got $1200 appealed and the power company apealed most awards over $4500. I was not appealed and took the money and ran but feel that I have been cheated and abused by the process. The acreage is computed by the width of the easement (160 feet in my case) X the length.

It has been a long gut wrenching experience and as Ray said don't believe anything they tell you. If it is not in black and white on a recored document it means nothing. They will purposely rotate personell around so that you never speak to the same person twice so that anything you were told doesn't apply. We were not even told the truth about the size of the footprint of the structures to be placed on our property. Be very wary you are not dealing with a bunch of trusting farmers. Hire Legal Counsel!!! Good Luck!!!!
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