Pursuing Fair Compensation, Protecting Your Rights

Utility & Power Line Easement Condemnation in Texas

Protecting landowner rights when electric companies, water suppliers, or other utilities use eminent domain for easements.

Discuss Your Utility Easement Offer

Utility Infrastructure and Condemnation in Texas

Delivering essential services like electricity, water, and sewer relies on extensive infrastructure. Utility companies (including investor-owned utilities, municipal utilities, and electric cooperatives) often have eminent domain authority under Texas law to acquire easements needed for power lines, substations, water mains, sewer lines, and related facilities.

Understanding Utility Easements (Power Lines, Water, etc.)

Similar to pipelines, utility condemnation typically involves acquiring an easement — the right to use a portion of your property for a specific purpose (e.g., constructing and maintaining power lines). The landowner retains ownership, but use within the easement area is restricted. The specific terms outlined in the easement agreement heavily impact your property rights.

Key Issues in Utility Condemnation Cases

Specific concerns often arise with utility easements:

  • Easement Location and Width: Minimizing the footprint and visual impact on the property. Can large transmission towers be placed elsewhere?
  • Use Restrictions: What limitations does the easement place on your use of the land beneath or around power lines (e.g., building height, tree planting)?
  • Access Rights: How and when can the utility company access the easement for maintenance or repairs?
  • Visual Impact (Stigma): Large transmission lines, in particular, can negatively affect the aesthetic appeal and market value of the entire property, not just the easement area.
  • Safety Considerations: Proximity to high-voltage lines can be a concern for some property uses.
  • Damages During Construction/Maintenance: Compensation for surface damage or disruption.

Compensation for Utility Easements and Impacts

Just compensation for a utility easement includes payment for the rights acquired within the easement area plus damages to the value of your remaining property. Remainder damages are particularly relevant for things like high-voltage transmission lines, where the visual impact or perceived safety concerns can diminish the market value of the entire parcel, even areas far outside the easement itself. Appraising this “stigma damage” requires careful analysis.

How Dawson & Sodd Assists with Utility Cases

Representing landowners in utility condemnation requires understanding both property valuation and the technical aspects of utility infrastructure. Our firm draws upon its experience in Texas eminent domain matters to help landowners:

  • Evaluate the necessity and proposed location of utility easements.
  • Negotiate specific terms within easement agreements to minimize negative impacts and retain landowner rights.
  • Work with appraisers knowledgeable about utility easement valuation, including potential stigma damages from transmission lines.
  • Challenge inadequate compensation offers from utility companies or cooperatives.
  • Represent landowners throughout the condemnation process, including hearings and potential litigation.

We aim to ensure utility companies exercise their authority fairly and provide full compensation required by Texas law.

Frequently Asked Questions About Utility & Power Line Easements

The easement agreement itself will typically specify restrictions. Additionally, the National Electrical Safety Code (NESC) and local ordinances often dictate minimum clearance distances between structures and power lines based on voltage, which must be followed regardless of the easement terms.

Usually, no, especially not tall-growing trees. Easement agreements almost always give the utility company the right to trim or remove vegetation within or sometimes near the easement that could interfere with or pose a danger to the power lines. Landscaping limitations are a key consideration.

Generally, yes. Electric cooperatives in Texas typically have eminent domain authority granted by statute and must follow the same core procedures outlined in the Texas Property Code, including providing the Landowner’s Bill of Rights and paying adequate compensation.

Potentially, yes. While the underlying land value is a factor, the impact on the remainder property (remainder damages) is often significantly greater for large, high-voltage transmission lines due to their visual impact (“stigma”), potential perceived health concerns (whether proven or not, they can affect market value), and sometimes wider easements with more restrictive terms.

Related Condemnation Information

Learn more about the overall process and your rights:

power line easement Texas

Your Texas Landowner Rights

Learn about protections regarding surveys, notices, and fair treatment.

transmission line eminent domain Texas

The Texas Condemnation Process

Learn the step-by-step procedure to know your rights.

utility right of way Texas

Securing Just Compensation

Discover how fair value and damages are determined in your case.

Real Results for Texas Landowners

Don’t just take our word for it. See how we’ve helped landowners like you. View all Case Results.

Landowner Awarded

$410,000

Initial Offer

$1,598,000

Final Recovery

Overhead Electrical Transmission Line – Fort Worth

Landowner Awarded

$4,120,000

Initial Offer

$7,149,000

Final Recovery

Total Taking – Small Business Property – Dallas

Protect Your Property
from Unfair Utility Easements

If a utility company is seeking an easement on your Texas property through eminent domain, ensure the terms are fair and the compensation is adequate. Contact Dawson & Sodd for a free consultation.

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(903) 872 – 8181