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Right of way- Eminent Domain Law Firm

1,647 Views | 9 Replies | Last: 4 days ago by HTownAg98
TXTebone
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AG
I am looking for a Law Firm to help me through the process of a High Voltage Line Right of Way agreement for a ranch I have in West Texas. I have not been contacted by any parties involved with ERCOTE, AEP or CPS Energy to date but have knowledge the ranch is on the selected route. Just want to have someone with me from the jump.
If anyone has knowledge of a Firm, I would appreciate your information.

CapitalFarmCredit
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HTownAg98
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Barron & Adler
Dawson Sodd Ellis & Hodge
Charles McFarland
I've been cross examined by all of them and they all do a very good job.
oklaunion
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Attempt to negotiate from the power company's initial offer yourself. It is from that documented $$ amount on up to the settlement that you will pay the attorney firm their 30-40%. No reason to pay that percentage from the initial offer.
agracer
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oklaunion said:

Attempt to negotiate from the power company's initial offer yourself. It is from that documented $$ amount on up to the settlement that you will pay the attorney firm their 30-40%. No reason to pay that percentage from the initial offer.

Why would he pay an attorney 30-40% when he just needs the attorney to read and help the OP understand a ROW contract and any pitfalls he may encounter? It's now a lawsuit.
oklaunion
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He didn't say it was a lawsuit. And if he is going to end up getting the utility thru his property, a law firm will ultimately be able to negotiate better than an individual.
HarleySpoon
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AG
I can recommend Baron and Adler.....I have used them twice. Once for the condemnation of an office building in Harris County and recently for an inverse condemnation of trees on my ranch. One of the cases resulted in an opinion by the Texas Supreme Court. https://www.barronadler.com/

With that being said, other condemnations (pipeline rights of way).... I have followed others' advice on this thread and negotiated the agreements myself...even taking one as far as the commissioners hearing without legal counsel.

My advice on a powerline:

If your route has been chosen.....I definitely would hire an attorney for a power line issue as there are so many things they are aware that the utility can and will do that you won't think of. For instance, in one pipeline case, I had them convince the pipeline company to drop down 20 feet for 200 feet in order to cross what might be a future road across the pipeline.

In summary:

- hire one if they have chosen your route
- some local person might be cheaper than Baron Adler....but if it is going to be a whole lot of $$$ or really controversial issues...then you might need their might/connections.
- Whether you hire your attorney as a contingent % of difference between your first offer and settlement or pay by the hour depends on how far you think things will go...and how far apart you are on price. I've done both....probably in this case just want have them help you with document once you have agreed a price.

Don't hesitate to PM if I you would like me to get into more detail.
Mas89
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AG
agracer said:

oklaunion said:

Attempt to negotiate from the power company's initial offer yourself. It is from that documented $$ amount on up to the settlement that you will pay the attorney firm their 30-40%. No reason to pay that percentage from the initial offer.

Why would he pay an attorney 30-40% when he just needs the attorney to read and help the OP understand a ROW contract and any pitfalls he may encounter? It's now a lawsuit.

So he can get the best price, agreement And get paid for the diminished value to the remaining property, caused by the high lines.
'The company will Never offer diminished value, which is an important part of Texas Eminent Domain Law.
In my case, the diminished value to the remaining 250 acres was Much more than the price paid for the taken 25 acres.
A good eminent domain lawyer will know things you do not. And working for a percent of the ups, will go after it. The old saying is that only a fool represents himself. You are being sued for condemnation so get what's right.
TXTebone
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AG
Thanks Ags for all suggestions.
I have narrowed the firms down to three : Dawson & Sodd - Jason Sodd Braun & Gresham - Patrick Reznick Marrs Ellis & Hodge - Luke Ellis All three great law firms but got to decide on one. Same contingency fee and all have history in high voltage power lines condemnation cases. Going to make a decision soon then wait for notice from AEP to move forward. Seems the appraisals and the law firm in a trial setting are most valuable assets in these cases. Any final comments appreciated.
HTownAg98
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Mas89 said:

agracer said:

oklaunion said:

Attempt to negotiate from the power company's initial offer yourself. It is from that documented $$ amount on up to the settlement that you will pay the attorney firm their 30-40%. No reason to pay that percentage from the initial offer.

Why would he pay an attorney 30-40% when he just needs the attorney to read and help the OP understand a ROW contract and any pitfalls he may encounter? It's now a lawsuit.

So he can get the best price, agreement And get paid for the diminished value to the remaining property, caused by the high lines.
'The company will Never offer diminished value, which is an important part of Texas Eminent Domain Law.
In my case, the diminished value to the remaining 250 acres was Much more than the price paid for the taken 25 acres.
A good eminent domain lawyer will know things you do not. And working for a percent of the ups, will go after it. The old saying is that only a fool represents himself. You are being sued for condemnation so get what's right.

This may have been true five years ago, but it is not true now. I have a client that I do appraisals for on the condemnor side that fully expects there to be damages to the remainder after. If there aren't any, they will expect you to have rock solid data that says so. The problem is that any decent appraiser can poke holes on the other sides damage modeling, for both the codemnor and condemnee, because the data isn't all that great for either side.
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