I am curious if My mom should hire an attorney and if so what kind, or should we first meet with the power company representatives.

My mom lives on top of a large hill/small mountain in the Hill Country of Texas. Her house has an amazing view of Lake Travis. There are three cities working together on a project to install pipelines, pump plants, and water treatment to suck water out of Lake Travis to provide more water to these three cities.

Part of their plan involves running power lines right along my mom’s property up the mountain and right through her front yard along the property line installing at least one power pole right in her yard. She has large trees exactly along the line they are proposing a new utility easement. Because she lives on top of solid rock with only a few feet of soil she has a special septic drain field and no vehicles can drive on it or it will cause major damage.

We are concerned about any damage to her drain field, her trees, and any devaluation of her property from having a large power line run right through her front yard along with a large power pole.

The company representing the project plans to come out to survey everything and make an offer on what they will be willing to pay her for making a new easement on her property. I plan to be there when they go, but I am not a lawyer and my mom is elderly and my father passed three years ago. I am curious if anyone has any advice and if we should hire an attorney, but we really don’t have money available for that unless absolutely necessary.

Thanks in advance for any suggestions.

I think Jim Allen would advise hiring a lawyer, sorry to say.

Land Grabbers are the same, no matter where you are, and it sounds like you mother has land worth protecting.

Is selling the house before all the bullshit goes through an option? Because otherwise, you are going to lose something. You might get fairly compensated for the loss, but you won't get exactly what you want.

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Originally posted by newtoSig765:
I think Jim Allen would advise hiring a lawyer, sorry to say.

Land Grabbers are the same, no matter where you are, and it sounds like you mother has land worth protecting.

That is what I figure, but they should have to pay for it; not us but I know that won’t happen. We didn’t offer for them to do this. They are imposing it on us with no choice. Stupid we should have to hire an attorney for something we did not ask for.

If we have to hire an attorney, I am wondering what kind of attorney. My mom just let me know about this today so I also plan to reach out to my brother-in-law who has been nominated by Trump to be a Federal Judge as he should have some good ideas, but thought I would check here too.

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Originally posted by snidera:
Is selling the house before all the bullshit goes through an option? Because otherwise, you are going to lose something. You might get fairly compensated for the loss, but you won't get exactly what you want.

No, the project will start within a year and we plan on my mom selling her home and moving in with us in our new home we plan to build in a few years.

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Originally posted by StorminNormin:

quote:

Originally posted by snidera:
Is selling the house before all the bullshit goes through an option? Because otherwise, you are going to lose something. You might get fairly compensated for the loss, but you won't get exactly what you want.

No, the project will start within a year and we plan on my mom selling her home and moving in with us in our new home we plan to build in a few years.

They'd also be required to disclose any known defects as well, I am pretty sure this would qualify? I am no lawyer, just took a couple of business and RE law classes a couple decades ago.

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Originally posted by Skins2881:

quote:

Originally posted by StorminNormin:

quote:

Originally posted by snidera:
Is selling the house before all the bullshit goes through an option? Because otherwise, you are going to lose something. You might get fairly compensated for the loss, but you won't get exactly what you want.

No, the project will start within a year and we plan on my mom selling her home and moving in with us in our new home we plan to build in a few years.

They'd also be required to disclose any known defects as well, I am pretty sure this would qualify? I am no lawyer, just took a couple of business and RE law classes a couple decades ago.

Yeah, I would imagine you would have to disclose to a potential buyer about something like this.

I'm in oil & gas so I'm work with land men. As a sweeping generalization, land men do not have a good reputation and know lots of tricks for getting something for nothing (e.g. making powerlines plural even though they're talking to you about one line and next thing you know they're putting in multiple powerlines).

I've read hundreds of easements but even with this if it were happening on my land then I'd still be hiring an attorney.

EDIT: I don't know any attorneys that work for individual landowners. Every attorney I know in this field works for energy or oil & gas companies.

This message has been edited. Last edited by: tatortodd,

A lawyer who does eminent domain work would be helpful, but you’re right to consider the cost. If you want to wait and see how big a problem you have, get as many details as you can about the plan then have someone appraise the property as is and as it will be. The difference between the two values is where you should try to end up. The further they are from that number the easier it is to justify hiring a lawyer. Many states require the condemning authority to pay the attorneys’ fees of a property owner who successfully challenges the compensation paid for a taking so don’t be afraid to at least consult with counsel if the numbers suggest that is necessary.

quote:

Originally posted by DaveL:
A lawyer who does eminent domain work would be helpful, but you’re right to consider the cost. If you want to wait and see how big a problem you have, get as many details as you can about the plan then have someone appraise the property as is and as it will be. The difference between the two values is where you should try to end up. The further they are from that number the easier it is to justify hiring a lawyer. Many states require the condemning authority to pay the attorneys’ fees of a property owner who successfully challenges the compensation paid for a taking so don’t be afraid to at least consult with counsel if the numbers suggest that is necessary.

This is definitely a good starting point.

I would at least pay a lawyer for an hour of his time and have a list of questions. Then decide.

Being in TX I would suggest sending an e-mail to jhe888 and ask him if he has any recommendations for the appropriate type of lawyer in your area.

It may not be his area of expertise but he probably knows which way to point you.

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Originally posted by 220-9er:
I would at least pay a lawyer for an hour of his time and have a list of questions. Then decide.

I think this is a good idea and will do as soon as they do their survey and make their offer.

Real Estate attorney. Chances are they know the major players. This is a pretty common occurence.

There are lawyers that specialize in emminent domain. I don't know any in Austin.

What they are proposing will devalue your mother's home big time. I'd fight it but it may be a losing battle.

As everyone has said...get a good real estate attorney.

I’d also get my own person to appraise the current value of the property and discuss with them the potential devaluation of the land after the easement.

I definitely think after we meet with the company and find out exactly what will go where then we will get an appraisal done and explain what will be done to the appraiser and then consult an attorney. Now to find the right attorney.

Is you have neighbors that could be impacted, I'd check with them too.

There's strength in numbers.

I’d get an attorney experienced in land-use law now. One option, possibly, is to try and get underground lines. Where we live they are all underground and it is very nice. If they are looking to expand that would sure mitigate everything.