Wind Catcher Energy Connection

Transmission Lines And Easements

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 power line 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 power line. 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 power line–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.

Groups

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.

Transmission Line Impacts And Just Compensation

Example 1

Nature of Acquisition: Horizontal bisection of 400 acres of agricultural land

Before Value of Property: $8,000/acre

After Value of Property: $6,000/acre

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 150 acres of development property

Before Value of the Property: $35,000/acre

After Value of the Property: $4,000/acre

Conclusion: High Impact. The highest and best use of the property changes.

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: Transmission line abuts residence.

Before Value of Home: $150,000

After Value of Home: $40,000

Conclusion: High Impact. Residence loses significant value

Example 4

Nature of the Acquisition: Powerline runs along the property line

Before Value of the Property: $8,000/acre

After Value of the Property: $7,000/acre

Conclusion: Moderate Impact.

Example 5

Nature of Acquisition: No acquisition. Transmission line is adjacent to property and close to residence.

Before Value of Home: $165,000

After Value of Home: $78,000

Conclusion: High Impact BUT NO COMPENSATION.

Tip: Before attempting to move the transmission line off of your property, remember that you run the risk of suffering many of the same economic impacts without any of the compensation. A transmission line is NOT obligated to pay you if the acquisition is off the property.

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.