Easement negotiations and eminent domain situations can be complex. They often demand unique and experienced legal assistance. There are two issues for every easement case: compensation and easement language. It is important that the landowner addresses both of these key issues.
Easement Language
There is no value in getting a “win” on compensation without getting the correct language in the easement. Remember: the energy companies will attempt to take as many rights from you as possible. Your goal should be to limit the amount of rights they take. It is also important that any promises made by the company are reduced to writing and contained in the easement or settlement documents. Unless it is in writing, the pipeline company will not be bound to follow through with its promises.
Compensation
You are entitled to just compensation for your land, but what “just compensation” means to you may be entirely different than what it means to the powerline. You need to be prepared with evidence, knowledge and resources to “win” the compensation battle. Always keep in mind that your entire property is impacted by the powerline–not just the part taken. As the following examples will show, you should always be considering what the value of your property was before the transmission line and then compare that to the value after. Remember: you only have one chance to make the right deal.
Strength In Numbers! Increase Your Negotiating Power
There is strength in numbers for landowners. For many of the projects we work on, our goal is to form large groups of landowners to increase our leverage when negotiating against the transmission line company. This leverage can be invaluable when negotiating easement language and compensation.
Pipeline Impacts And Just Compensation
Example 1
Nature of Acquisition: Horizontal bisection of 400 acres of agricultural land
Conclusion: High Impact
Tip: When thinking about the effect of transmission lines on property values, always consider the value of the ENTIRE property before and after the acquisition.
Example 2
Nature of the Acquisition: Partial bisection of development property
Conclusion: High Impact. The highest and best use of the property changes causing HIGH DAMAGES
Tip: Always ensure that you are valuing your property at its highest and best use–the use at which your property returns the most value.
Example 3
Nature of the Acquisition: Pipe line abuts residence.
Conclusion: High Impact. Residence loses significant value
Example 4
Nature of the Acquisition: Pipe Line runs along the property line
Conclusion: Moderate Impact.
SEVER STOREY, LLP and George Padgitt
Dedication to Landowner Clients
Sever Walker Padgitt is a leading eminent domain and condemnation law firm with clients located throughout the United States. Over the course of our history, we have stood for an unrelenting commitment to our landowner clients, especially those being affected by high voltage transmission lines and pipelines. In the last three years alone, Sever Walker Padgitt has resolved hundreds of transmission line cases by working with large groups of landowners. This depth and breadth of experience has produced some outstanding results and positive outcomes to our many clients.
Attorney Fees
Sever Walker Padgitt is not paid by the hour. We are paid on a contingency fee. This means that we are ONLY paid if you receive more money than you were initially offered. We only take a fee on the money we ADD to your case.
Contact Us For A Free Easement Review
If you have any questions regarding your Wind Catcher transmission line easement, please contact us for a free review. We will gladly examine any offer made by Wind Catcher for free and give our unbiased opinion. If you have any questions or would like a free case analysis, call George Padgitt at any time at 614-360-2818 or contact him by email at george@landownerattorneys.com. Feel free to also visit our website at landownerattorneys.com and take a look at one of our several informational videos.
