The government has the authority to take ownership of private property from landowners for a variety of reasons, provided the reason constitutes “public use” and the government provides fair and adequate compensation for the property. One common reason behind widespread government takings is to construct new powerlines. These projects often affect numerous landowners at the same time, many of whom do not know their rights in the matter. Powerline projects by Ameren and Reynolds Topeka have recently affected many landowners across Illinois and Indiana, respectively.
Though the efficient and convenient transmission of electricity is important for landowners, having powerlines built on or near their property can cause many different issues and landowners deserve to be fully compensated for the full value of the land that they lost as a result of the taking. However, the government has a tendency to make extremely low offers to landowners in the hopes that the owner will not know better than to accept the initial offer.
If the government has notified you that it wishes to take part or all of your land for a powerline project, you should call an experienced eminent domain attorney who fully understands the nature of powerline takings as soon as possible. At the law firm of Sever Storey, LLP, we understand the many issues involved in powerline takings cases and represent numerous property owners against Ameren, Reynolds Topeka, and other companies. Call to discuss your situation with one of our experienced lawyers for free today.
Powerline takings are different that many takings because the government will likely only seek ownership for the part of your property through which the lines will pass through. Permission to use only part of your property is legally referred to as an “easement.” Easements must be in writing and the language of the easement establishes the government’s rights to your property as well as your remaining rights to your property.
Though easements do not take full ownership of the property away from you, they can still be very harmful to the value and usability or your land. For example, even a partial powerline taking can cause the following:
• Decrease in entire land value
• Losses due to residual damage
• Soil compaction
• Reduction in productivity of the land
Because many powerline projects pass through farmland, the impact on the soil and growth of the crops can cause severe financial losses for the landowners. Powerline easements are generally permanent, meaning the decreased value of the land will perpetuate and affect future landowners for the life of the land. These future losses should be calculated and fought for when it comes time to negotiate the amount of compensation by the government.
At the Indiana law office of Sever Storey, LLP, our attorneys are solely committed to handling cases involving property takings under eminent domain. We have the knowledge and skill to successfully stand up for the rights of property owners, so please call today at 888-318-3761 for a free case evaluation.
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Before going alone against the State let us give you our opinion. It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation. Contact us now at 888-318-3761