Corsicana attorneys Jason Sodd and Clay Beard of Dawson & Sodd, PLLC recently secured a verdict of more than five times the offer of the condemnor in a Johnson County case styled Brazos Electric Power Cooperative, Inc. v. Larry Kirk Carrell and Marsha E. Carrell and Brazos Electric Cooperative, Inc. v. Maak Enterprises, L.P. and Lone Star Land Bank, FLCA.
The case involved the issue of damages as a result of the placement of a 138KV power line across two tracts totaling just over 400 acres owned by the Carrell family. Brazos Electric contended the tracts were minimally damaged and that adequate compensation would be $121,896. Dawson & Sodd’s lawyers contended the properties were more significantly impacted, arguing for total compensation in the amount of $635,815. In a May 2015 trial, the Johnson County jury agreed. After accounting for pre-judgment interest and post-judgment interest, the recovery to the landowner, after fees and litigation expenses, was $492,638.00 (inclusive of the Special Commissioners’ Award).
The major issues in the case were the differences in the highest and best use of the two tracts and the damages to the land outside the power line easement on the tracts. The jury agreed with the landowner’s evidence on both counts after the completion of a five day trial.