My dad and I were recently approached by oil man to sign easement for a power company for transmission lines. Power lines go to a pad neither of us has interest in. We were asked to deliver a value for the easement but have no idea where to start. I’ve read the transmission lines will devalue our property and also has some possible danger associated with them.
Where do we start? The lines will cover about 1320 feet of my dad’s property and 1700 of mine.
You did not tell us which state where the property is located. This can make a big difference as states have differing rules regarding valuation for eminent domain.
If you don’t come to an agreement and if the company has the power of eminent domain (generally must be a common carrier or utility wind farms usually don’t have that power) then the company will likely file a condemnation proceeding.
In Oklahoma the court appoints commissioners who value the the value of the property taken and also the diminution of value to the property that was not taken. Either party can file “exceptions” (object) to the value and the matter is tried to a jury. Often the condemning party is required to pay the landowner’s attorney’s fees.
Court case where eminent domain improperly attempted. Case – Newspaper Article
The acreage you have in play, the assistance of an experienced eminent domain attorney in your state should be consulted. Be more concerned about the attorney’s qualifications instead of vicinity. The attorney’s experience is more important than his or her proximity to the courthouse in these cases.
My bad… I thought I was posting in a thread for Atascosa County, Texas.
Tamb, I live in Atascosa County and have property near Falls City. I can only tell you what I went through. It is correct what Mr. Winblad said about Eminent Domain, the company can place power lines with or without your permission which is bad business if they have Eminent Domian. Me and my attorney came up with $20 per foot and I also got them to provide me with my own personal use pole line free of charge since I had no electricity on my property. All of the poles were single wooden poles with only 1 electrical line. You should have some say so on where the Pole line should go through. Hope this helps a little. Good Luck