# Eminent Domain!



## Rubberback (Sep 9, 2008)

About 4 years ago I was sitting in the barn looking out of my picture window. I see 2 trucks pull down to a power pole that goes thru the farm. I stormed down there & was, what the hay? Why didn't yall notify me or have the common courtesy to stop & talk to me first?
There answer was we don't have to, we have a work order & eminent domain bla bla bla. I said%%%^U. I then said what are yall doing. The punk says we are gonna run power from your pole over to the property next to you. I told him %%$E$U. 
After all this nonsense I kicked them off of the land. 
They kept talking eminent domain, eminent domain. I said show me the paper work that shows me where this land was given to yall. 
They have no paper work that shows where someone ever gave them rights to even have a pole on the farm.
They then tried this again about a week later. I again kicked them off. But this time I pointed down the line & said " you see that pole down yonder its on his land. DUH!
Well another few weeks go by & the power co. pulls up & I'm sitting there. Guy says we need to put a guide line on your property. I said o yea what do I get? Guy says will do this for you & BLA BLA. Yup, I kicked him off the property as well. 
I'm willing to bet that these company's have gotten away with murder from people just letting them do what they want.


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## boltmaster (Aug 16, 2011)

If there is a legit power pole there you can bet there is a legit utility easement that you can not keep them off or out of. If they want to push it that is


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## Im Headed South (Jun 28, 2006)

I take it your 100% on solar power


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## Rubberback (Sep 9, 2008)

boltmaster said:


> If there is a legit power pole there you can bet there is a legit utility easement that you can not keep them off or out of. If they want to push it that is


What do you mean legit? I can guarantee the power co at least where I am have no paper work from anyone ever giving them the right to even have those poles going thru the property. I don't really like them going thru the middle of the property. I know they provide electricity to others down the line & that is fine. Personally, I wished they would run them along the fence line. But I'm against them putting another line from my pole to a neighbor hood next to me. And you know what they didn't. That is wrong in my book. I made them run the power under the road so they could get power.


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## cubera (Mar 9, 2005)

Are you familiar with the term right of way / easement ?


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## GuyFromHuntsville (Aug 4, 2011)

I'm sure that they have a utility easement.


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## MarkU (Jun 3, 2013)

If you have a plot plan/plat by a surveyor. It will denote all right of ways/easements. I deal with this nearly everyday for installing pole signs, and monument signs.

We had one last year, in the city of Frisco. The city ran their storm drain a good 5' past the easement, into my customers property. They ended up leaving the drain in place. And allowing our customer to place the sign closer to the street. Which is not to city code.


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## Empty Pockets CC (Feb 18, 2009)

Look on your survey. There is most likely a 20' elec. utility easement that runs under the poles. They'll be back with a copy of a survey and the Sheriffs Dept. You can't deny them access to their power lines that they will use to serve the common good of the people/customers or the utility (eminent domain). I don't like those two words either but it's the way it works for now at least. 
You catch more flies with sugar than you do vinegar...


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## ChuChu (Jan 23, 2010)

Just read this this morning.

http://www.huffingtonpost.com/jacki...rica_b_9019518.html?ncid=txtlnkusaolp00000592


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## SetDaHook (Oct 21, 2010)

when you agree to have power established on your property you are in effect giving them an easement and right of access, anytime!! Put a chain and lock on your gate and see how quick it gets cut. Then they'll place their own lock on YOUR gate and enter anytime they want. It's their power and their rules. You might think you "kicked them off" of your property, but they were probably just playing nice to appease you.


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## Rubberback (Sep 9, 2008)

Im Headed South said:


> I take it your 100% on solar power


No! The whole topic is about someone telling me the landowner IE tax's payer whose land is used totally for agriculture use that they have an easement when I know for a fact they don't. I know most city folks won't understand or even care if there are poles on their property. Well, I do. You see those big towers all over the place those co. pay big bucks to have them there.
Now, another power co. wants to put more power lines on the farm. There talking eminent domain as well. I call this word stealing. What gives them the right to take a mans property that his family has paid for & paid tax's on for three generations so they can get rich & you get nothing but an eyesore & a broken tractor from mowing around this eyesore. Not to mention the value of the land taken away.


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## Whitebassfisher (May 4, 2007)

If there is no legal easement, I don't blame the man at all. The more he allows on his property, the more access they will need to repair and upkeep. Repair and upkeep means lack of privacy and possible gates left open, etc.

If there is a legal easement, then really he has no choice. Also, I see eminent domain as different than easement.

I just live in a small house, not on acreage. But I like the fact my backyard is really locked up. All utility meters can be read without going in my backyard, and the water main is in front, and the electric main is in front with buried service. Luckily communication (phone/cable) mains run on the opposite side of my back fence. The only thing in my back is the natural gas main and sewer main. I don't see much difference in people on his land than in my backyard. Maybe I am wrong, but I see your private property much like inside your home.


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## MarkU (Jun 3, 2013)

You need to put a hog trap around that pole. Keep it stocked with hogs. I'd make it a 30' radius, off the pole.


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## RB II (Feb 26, 2009)

A right of way easement has a very specific description and is surveyed to afford an exact piece of property. Depending on the power lines, the easement will vary in width. Probably 16' on either side of a center line. The high voltage transmission lines typically have 100 ft wide easements. Point is, IF they have an easement filed of record, it most likely will not include that new leg that they wanted to install. That would have to have been agreed to by RB for his property. They may be able to use the eminent domain laws to force an easement, but that is after the suits work through that. Not some jack boot lineman.


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## SetDaHook (Oct 21, 2010)

Whitebassfisher said:


> If there is no legal easement, I don't blame the man at all. The more he allows on his property, the more access they will need to repair and upkeep. Repair and upkeep means lack of privacy and possible gates left open, etc.
> 
> If there is a legal easement, then really he has no choice. Also, I see eminent domain as different than easement.
> 
> I just live in a small house, not on acreage. But I like the fact my backyard is really locked up. All utility meters can be read without going in my backyard, and the water main is in front, and the electric main is in front with buried service. Luckily communication (phone/cable) mains run on the opposite side of my back fence. The only thing in my back is the natural gas main and sewer main. *I don't see much difference in people on his land than in my backyard. Maybe I am wrong, but I see your private property much like inside your home*.


 Utility companies have to have access to their lines in the case of an emergency. They are not going to come knocking on your door at 3:00 in the morning during a storm and ask permission to repair a line to restore power to 100 other homes.


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## fy0834 (Jan 18, 2011)

They (the utilities) will not run power to your dwelling without an easement.
Make sure your wife didn't sign something without your knowledge ...


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## Rubberback (Sep 9, 2008)

I well understand they have the right to service these lines & if its a storm & they need to get in & fix's the lines no problem they can blow by me & have at it. But if there gonna try & pull a stunt like they tried on me. It ain't gonna work & it didn't. These people are railroading people & I know it. I saw it with my own eyes & there gonna do it again to me. 
I call this practice stealing. They should pay for those lines. They make money you get nothing. I'm not talking about the line coming to my shack its the lines going thru the hay field.


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## Whitebassfisher (May 4, 2007)

SetDaHook said:


> Utility companies have to have access to their lines in the case of an emergency. They are not going to come knocking on your door at 3:00 in the morning during a storm and ask permission to repair a line to restore power to 100 other homes.


I realize that. Luckily though, if you read my post, you noticed that electrical and water are both buried out front with the street easement. Even a very sever storm will probably not hurt the buried natural gas main that runs through my back, or the buried sewer either.


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## fy0834 (Jan 18, 2011)

RB II said:


> A right of way easement has a very specific description and is surveyed to afford an exact piece of property. Depending on the power lines, the easement will vary in width. Probably 16' on either side of a center line. The high voltage transmission lines typically have 100 ft wide easements. Point is, IF they have an easement filed of record, it most likely will not include that new leg that they wanted to install. That would have to have been agreed to by RB for his property. They may be able to use the eminent domain laws to force an easement, but that is after the suits work through that. Not some jack boot lineman.


 The newer ones (easements) have surveyed limits, generally.

The old ones are very vague and give rights to the whole of the tract of land described.
Under the old easements they can do pretty much what they want. 
However, they usually do not run rough-shod over the landowner... unless push becomes shove.


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## Grumpy365 (Oct 21, 2010)

OP, are you sure the power company boys used the words "Eminent Domain" and not "EASEMENT"?

Because I don't think eminent domain means what you think it means.


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## Im Headed South (Jun 28, 2006)

If there is existing power lines there now and since your getting power that means there is then someone at some point gave them permission, when that permission was given a easement was agreed to or your property would not have power. It's not that difficult, but go on believing you beat the man, just know when the man wants to get to his powerline your threats will fall on deaf ears. I own several rural pieces of property (farms) in 4 different county's and couldn't even begin to tell you how many easements are associated with them, probably dozens, anyone that needs to travel down a non county owned road to get to their place has a easement to get to it. It's been my experience the local co-ops or power companies will try to be good stewards of the relationship when it's returned, they've worked with me in the pass to relocate some things and any new items usually come with a offer of compensation.


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## Rubberback (Sep 9, 2008)

fy0834 said:


> They (the utilities) will not run power to your dwelling without an easement.
> Make sure your wife didn't sign something without your knowledge ...


I'm not married but your on to what I'm trying to say. I kept asking them to show me the paper work. I'm telling you they have no paper work, signature, or squat just a mouth. 
I'll leave this like this. They should pay the landowner to have these poles on their property. The cell folks pay to have those towers everywhere. I see no difference. Public pays for cell phone once a month & public pays for electricity once a month. Same thing. Only difference I get absolutely nothing for these lines but a broken tractor if I hit one of the guide lines with my tractor.:headknock


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## Empty Pockets CC (Feb 18, 2009)

Dude... They don't steal your property. They offer you fair market value for it by means of appraisal which can be off from time to time. If you're a stubborn old horses asz they can take it from you and give you nothing.
Yes, you can fight the utility but the landowners(s) win seldom. 
I've had my land condemned 3 different times in 3 different counties in Texas. Yes, they paid me, yes I fought them all three times, yes I lost all three times, and yes I think poles are an eyesore. 
It is what it is I'm sorry to report. The power lines are for the common good of your neighbors (current and future). It's just the way it is. Pick your battles. You'll lose this one (most likely). 


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## Empty Pockets CC (Feb 18, 2009)

Rubberback said:


> I'm not married but your on to what I'm trying to say. I kept asking them to show me the paper work. I'm telling you they have no paper work, signature, or squat just a mouth.
> 
> I'll leave this like this. They should pay the landowner to have these poles on their property. The cell folks pay to have those towers everywhere. I see no difference. Public pays for cell phone once a month & public pays for electricity once a month. Same thing. Only difference I get absolutely nothing for these lines but a broken tractor if I hit one of the guide lines with my tractor.:headknock


It's not a monthly fee.
Were the lines there before you owned the house? The previous surface owner probably got paid if so. 
You don't fully understand what you're talking about here. You need to consult a professional so they can explain your rights to you. It isn't as bleak as you make it out to be but it isn't rosy. It is one thing, however, it is not how you say it is in my opinion.

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## MarkU (Jun 3, 2013)

Burn the pole down....


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## fy0834 (Jan 18, 2011)

Rubberback said:


> I'm not married but your on to what I'm trying to say. I kept asking them to show me the paper work. I'm telling you they have no paper work, signature, or squat just a mouth.
> I'll leave this like this. They should pay the landowner to have these poles on their property. The cell folks pay to have those towers everywhere. I see no difference. Public pays for cell phone once a month & public pays for electricity once a month. Same thing. Only difference I get absolutely nothing for these lines but a broken tractor if I hit one of the guide lines with my tractor.:headknock


 Those poles aren't there without someone granting them an easement. Especially a transmission line.

More than likely someone prior to your owning the land.

If you have a title policy on your property it would be listed there probably showing a prior owner granting an easement.


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## Rubberback (Sep 9, 2008)

Im Headed South said:


> If there is existing power lines there now and since your getting power that means there is then someone at some point gave them permission, when that permission was given a easement was agreed to or your property would not have power. It's not that difficult, but go on believing you beat the man, just know when the man wants to get to his powerline your threats will fall on deaf ears. I own several rural pieces of property (farms) in 4 different county's and couldn't even begin to tell you how many easements are associated with them, probably dozens, anyone that needs to travel down a non county owned road to get to their place has a easement to get to it. It's been my experience the local co-ops or power companies will try to be good stewards of the relationship when it's returned, they've worked with me in the pass to relocate some things and any new items usually come with a offer of compensation.


I'm not trying to start a fight. What I'm trying to say is where is this permission? Who gave it to them? Give me a name, paperwork, or something. It sounds like they just write it down & that's all it takes. I know it is. Its not right! I'm not concerned about the power to my shack that is not the topic. Its the poles going thru my property across the crick & into the lower 40.
There's only one pole for E to the barn, no problem there.


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## RB II (Feb 26, 2009)

Empty Pockets CC said:


> Dude... They don't steal your property. They offer you fair market value for it by means of appraisal which can be off from time to time. If you're a stubborn old horses asz they can take it from you and give you nothing.
> Sent from my iPhone using Tapatalk


They can't take your property and not pay you. False information. 
They can take your property and pay "fair market value" under eminent domain if they have that power.


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## Empty Pockets CC (Feb 18, 2009)

I'm done trying to explain it. They have permission and if they need access to their poles bad enough and you fight them you're going to end up in jail. Go to the county and look at the deed of records or get an updated survey on your property. The easement will show up. 


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## boom! (Jul 10, 2004)

Go Cliven Bundy on them!!! Send video!


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## Empty Pockets CC (Feb 18, 2009)

RB II said:


> They can't take your property and not pay you. False information.
> 
> They can take your property and pay "fair market value" under eminent domain if they have that power.


I know of only a few instances in Texas where the judge ruled in the landowner(s) favor. The utility usually wins. They have the money, lawyers, and time to stay the course. You'll see landowners band together against a utility but that money they use to fight the utility is usually wasted on attorneys and studies. 
How does a utility force you to accept payment?

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## Rubberback (Sep 9, 2008)

fy0834 said:


> Those poles aren't there without someone granting them an easement. Especially a transmission line.
> 
> More than likely someone prior to your owning the land.
> 
> If you have a title policy on your property it would be listed there probably showing a prior owner granting an easement.


Its not! The first thing I asked from electric co was show me the easement. I asked this question 10 times. Got nothing. I'm not going with verbal or a handshake those don't work anymore. Those were the good old days. These are quote modern times & its all about the buck & you no what I want my buck just like they want that money going thru the lines on my property .
I asked them to move the lines along the fence line. What happened absolutely nothing.


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## fy0834 (Jan 18, 2011)

Rubberback said:


> Its not! The first thing I asked from electric co was show me the easement. I asked this question 10 times. Got nothing. I'm not going with verbal or a handshake those don't work anymore. Those were the good old days. These are quote modern times & its all about the buck & you no what I want my buck just like they want that money going thru the lines on my property .
> I asked them to move the lines along the fence line. What happened absolutely nothing.


 He is a grunt on a truck... he will not be carrying around all the easements or knowledge thereof in the service truck.

Go to your title on your property.


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## Mr. Breeze (Jan 6, 2005)

Yep, sounds like you need to get a plat map and copy of your deed for your property that shows easements. Who knows, you might have a pipeline under you also or worse yet, you do not own the mineral rights?


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## wfishtx (Apr 10, 2006)

These seem fitting for this thread.....

:headknock:headknock


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## boltmaster (Aug 16, 2011)

Put a 30.06 sign up on the entrance to your place so that when they come to tell you officially that they have a utility easement and can do whatever they want... they at least can't be packing. :texasflag
By legit I meant that if that pole and power line was put there on your place by a public utility then someone , somewhere at some time granted a utility easement ...or you would not have power. We may not like it but that's what you have to give up to get power. I don't know about all utilities but the last one I ran power from (CPSB) told me that if a neighbor comes along and needs power that they can pull it from the line I paid for but they will give me a partial credit for the connect fee they pay to hook into a line I paid for and they did so once or twice while I owned the property.


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## Salty-Noob (Jun 9, 2015)

let us know when they shut the power off.......


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## houtxfisher (Sep 12, 2006)

Shaking my head reading this thread. There is an easement. It is recorded. The end.


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## SetDaHook (Oct 21, 2010)

If you bought the property from someone else that already had power established to the property, then your title policy will state that you are buying the property with all encumbrances and easements (which are spelled out) unless otherwise denoted. Either you agreed to an easement, or the previous owner did, either way it's a done deal. As a previous post said, eminent domain and an easement are two totally different animals.


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## Rubberback (Sep 9, 2008)

MarkU said:


> Burn the pole down....


LOL! You will love this! True story. I had a big elm tree die right by almost underneath these high lines.I was gonna drop it with my chainsaw but noticed a big limb was broken off in the top & I was worried about it falling on me. Usually when I find a tree like this I just burn the tree down while its standing, those burns are fun.
Well, I decided I had better call the electric co & see if they will cut it down.
They showed up the guy was talking trash & said nope its yours. BLA BLA. 
I looked at the guy & told him well that's fine but how much heat will those wires take ? He says what? I said well I'm fixing to burn that tree down.
Guy looked at me & said will be here tomorrow.


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## houtxfisher (Sep 12, 2006)

Oh, and...


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## Profish00 (May 21, 2004)

THIS, is why the utility bill's are so high. That man and Truck cost about $250 an hour. If not more.


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## wfishtx (Apr 10, 2006)

Rubberback said:


> Its not! The first thing I asked from electric co was show me the easement. I asked this question 10 times. Got nothing. I'm not going with verbal or a handshake those don't work anymore. Those were the good old days. These are quote modern times & its all about the buck & you no what I want my buck just like they want that money going thru the lines on my property .
> I asked them to move the lines along the fence line. What happened absolutely nothing.


For what its worth, they don't have to show you anything specific to who or when the easement was approved. They simply have to show you the plat/survey that is filed with the county that shows the easement on your property. Once they do that, you have no argument and you might as well go back into your barn and let them do what they are there to do.

On a side note, you'll probably be the last guy they come turn the power on for if/when it goes out.


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## Johnny9 (Sep 7, 2005)

The City wanted my family to donate land for a Park. I kept saying make us an offer. One night at a City Hall Annual Meeting he threaten me in front of 100 people to take the land by ED. Well they don't have their land for a Park and we sold it for $40K per acre and they are ******. Now Katy beat them to it.


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## bigfishtx (Jul 17, 2007)

About 20 years ago I notice one of gates used by the power company to access an easement across my place was stolen. I mean, the whole 16" gate, gone. So I put a cattle panel across the opening and call the power company. No Response, a week later I am finally talking to CPL's head man in the area, and he agrees to meet me there. 
When he gets there I chew on him for about 15 minutes for not replacing the gate, and finally he interrupted and said 'Sir, I don't blame you one bit for being mad, but, this is not our easement, it belongs to the Co-op."

Man, talk about some apologizing. 

Just remember those guys have a legal right to be there, and they are just doing the job assigned to them.


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## Rubberback (Sep 9, 2008)

SetDaHook said:


> If you bought the property from someone else that already had power established to the property, then your title policy will state that you are buying the property with all encumbrances and easements (which are spelled out) unless otherwise denoted. Either you agreed to an easement, or the previous owner did, either way it's a done deal. As a previous post said, eminent domain and an easement are two totally animals.


Family farm for over 60 years & the original electric co is gone. They don't have a valid easement I know that. Their thieves that's my point. Its not right in my mind. 
Now centerpoint wants an easement to run the big one on my front pasture. Again I get nothing centerpoint gets rich. It is totally wrong. Who wins, well it sure isn't the landowner and taxs payer. Its not right & never has been.:headknock


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## Mont (Nov 17, 1998)

I have an easement on the rear of my property for the power lines (big ones) back there. I don't have any poles, just lines. When they found termites in the poles on my neighbors poles, they came in there like the Marines storming a beach. I never saw anything like it. They took down fences, put in gates, laid down mats to run everything on, brought in concrete trucks, and a huge crane. I never quite got why they wouldn't let me build on that part of my property until I saw that happen. I put in two 14 foot gates (per their specs) with chains and locks on them. They told me if something happens to those lines, to expect them in there within hours. 

My neighbor two houses down didn't ask them about building his barn on their easement. The plane that flies over taking pictures about once a week obviously saw it. The power company gave him 24 hours to level it or they were leaving with his electric meter until he did. 

At any rate, there should be something on your survey about it, Randy.


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## Mr. Breeze (Jan 6, 2005)




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## Salty-Noob (Jun 9, 2015)

All this thread lacks is some CrowHater.........


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## Whitebassfisher (May 4, 2007)

What we may have here is a failure to communicate.

In the OP, it clearly states *"The punk says we are gonna run power from your pole over to the property next to you."*

To me, that means the OP would be giving up land in addition to the easements already existing. The OP may not win, but I don't blame him for trying.


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## SetDaHook (Oct 21, 2010)

Salty-Noob said:


> All this thread lacks is some CrowHater.........
> 
> View attachment 2734418


 and a much bigger "Head Knock" emoticon...:headknock

I give up


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## Rubberback (Sep 9, 2008)

Salty-Noob said:


> let us know when they shut the power off.......


HUH! Why would they do that? Cause I'm complaining about a power co using my land to get rich & I get nothing in return. Again I'm not talking about the power to my place. I signed up for that & pay for it every month. That one pole is not the issue. 
Its the poles that do me not one bit of good. I do not need them period. I have asked them to move them along the fence line. They do not want to because it cost money. When they try & replace them I will ask again if I'm still alive.


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## Johnboat (Jun 7, 2004)

*Its simple*

All private land was granted by the government to private owners in the beginning. Under our law we empowered our government and certain public utilities with that power to use eminent domain to take (with monetary compensation) back some as needed for the public benefit. This simple chart illustrates a highway, pipeline or utility easement from point A to point B, with and without eminent domain. Actually it is not accurate. Without eminent domain there might be no route available if all landowners refused to grant easements.

The reason its called "real" estate is that it once belonged to the king (in Texas land law the state is the sovereign). Real = Royal. Camino Real is the royal road is the king's highway. Get it?


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## Haute Pursuit (Jun 26, 2006)

It may be possible that the existing easement does not cover the area that they are trying to get service to. That is your only hope in getting them to pay you to use your property... 

One trip to the county courthouse with your propertys legal description or property tax ID will tell you whether they do or don't have legal right to do what they want to do. They would need a ground and an aerial easement to install overhead lines.


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## wfishtx (Apr 10, 2006)

Rubberback said:


> Family farm for over 60 years & the original electric co is gone. *They don't have a valid easement I know that.* Their thieves that's my point. Its not right in my mind.
> Now centerpoint wants an easement to run the big one on my front pasture. Again I get nothing centerpoint gets rich. It is totally wrong. Who wins, well it sure isn't the landowner and taxs payer. Its not right & never has been.:headknock


How do you know that? Have you pulled your survey/plat and determined the easement doesn't exist?


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## Rubberback (Sep 9, 2008)

Whitebassfisher said:


> What we may have here is a failure to communicate.
> 
> In the OP, it clearly states *"The punk says we are gonna run power from your pole over to the property next to you."*
> 
> To me, that means the OP would be giving up land in addition to the easements already existing. The OP may not win, but I don't blame him for trying.


I don't want high lines criss crossing my property. 
Let me explain something. If you own land & its used to grow hay for cows to eat . Which we all love to eat cows. You do not want poles in the middle of your hay field with guide wires holding the poles up. Its a pain in the drain. Some people might like it. I don't. I've ruined equipment while mowing around it, you loose hay, tractors drive different than a car. So making the swing is difficult with hay cutting rakes etc.


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## fy0834 (Jan 18, 2011)

In your family for 60 years...

Then you should have an abstract...

The abstract will indicate the grant to the electric company.:headknock:headknock:headknock:headknock


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## Salty-Noob (Jun 9, 2015)

Rubberback said:


> HUH! Why would they do that? Cause I'm complaining about a power co using my land to get rich & I get nothing in return. Again I'm not talking about the power to my place. I signed up for that & pay for it every month. That one pole is not the issue.
> Its the poles that do me not one bit of good. I do not need them period. I have asked them to move them along the fence line. They do not want to because it cost money. When they try & replace them I will ask again if I'm still alive.


I just don't know how to respond any more.

Every pole from the source to you is important ........

think about that.......


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## Whitebassfisher (May 4, 2007)

Rubberback said:


> I don't want high lines criss crossing my property.
> Let me explain something. If you own land & its used to grow hay for cows to eat . Which we all love to eat cows. You do not want poles in the middle of your hay field with guide wires holding the poles up. Its a pain in the drain. Some people might like it. I don't. I've ruined equipment while mowing around it, you loose hay, tractors drive different than a car. So making the swing is difficult with hay cutting rakes etc.


Hey, I am on your side until they prove they have legal access. 
Haute Pursuit in post # 54 better described my point than I did.


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## batmaninja (Jul 15, 2010)

Stick it to em RB!

Maybe you can find an endangered caterpillar or a prairie chicken on your property. If it is close to Austin, they will shut all development down right there on the spot.



Empty Pockets CC said:


> They don't steal your property. They offer you fair market value for it by means of appraisal which can be off from time to time.


Fair market value, or if you have a good attorney. Much much more.

_Settlement for a mall owner in partial taking by the state to widen U.S. 290, resulting in a net recovery of $21 million, on an original offer of $1 million (settlement counsel, monetary damages)

Settlement for a major chain department store owner in partial taking by the state to widen U.S. 290, resulting in a net recovery of $23 million on an original offer of $9 million (settlement counsel, monetary damages)

Settlement for a property owner in a partial taking by the state to widen West Loop 610 North, resulting in a net recovery of $1.9 million on an original offer of zero (settlement counsel, monetary damages)

Settlement for a major fast food restaurant owner against the state, resulting in net recovery of $1.4 million with no offer of compensation by the state (settlement counsel, monetary damages)_


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## Rubberback (Sep 9, 2008)

Ok! I figured out how to talk to yall. Most of you live in a hood & have a front yard. From yalls post your saying that you wouldn't mind a pole right in the middle of your yard with a guide wire holding up the post in your front yard? It will be fine because they are providing you, which you do have to pay for electricity.
My answer is no you don't want that. Its the same thing here but my yard is bigger.


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## Rubberback (Sep 9, 2008)

Salty-Noob said:


> I just don't know how to respond any more.
> 
> Every pole from the source to you is important ........
> 
> think about that.......


I know that! Again, I'm not talking about the pole coming to my house. I signed up for that & pay the bill every month no problem there.


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## Rubberback (Sep 9, 2008)

I really brought this thread up because I can't get pizza delivery here so I was bored & felt left out.


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## fy0834 (Jan 18, 2011)

I'm going to come at u from another angle...

I get the awkward navigating around the poles, while cutting, raking and bailing your hay.

Write a handwritten letter stating your concern about these limitations on your property due to the poles.

State in your letter YOU are going to give them thirty (30) days to remove the poles along with your contact information. And state, After the thirty days you are going to remove the poles.

Hand this letter to the service crew next time they confront you or you confront them.

SOMEONE WILL BE IN TOUCH WITH YOU. AND MORE THAN LIKELY THEY WILL HAVE A COPY OF THE EASEMENT IN HAND.


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## FREON (Jun 14, 2005)

Why don't you just go to the county courthouse like HP said and check it out? Then you will know for sure what easement rights who has. In the meantime you need to get all these posters to go vote for you on your Lone Star photo contest. That girl is going to be tough to beat. http://lonestaroutdoorshow.com/photo-of-the-month/ Good luck on the contest and also on your property problem. Come on people, go vote every 24 hours for his Quail/Texas Flag photo!!! :texasflag


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## Rubberback (Sep 9, 2008)

FREON said:


> Why don't you just go to the county courthouse like HP said and check it out? Then you will know for sure what easement rights who has. In the meantime you need to get all these posters to go vote for you on your Lone Star photo contest. That girl is going to be tough to beat. http://lonestaroutdoorshow.com/photo-of-the-month/ Good luck on the contest and also on your property problem. Come on people, go vote every 24 hours for his Quail/Texas Flag photo!!! :texasflag


Your right! Ok screw this thread & vote for me. I did notice the pizza thread had 52 reply's in two days & I passed that in less than two hours. LMAO! Guess, I just had to release my thoughts. Please vote ! Thanks all, yall are great.


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## batmaninja (Jul 15, 2010)

Salty-Noob said:


> I just don't know how to respond any more.
> 
> Every pole from the source to you is important ........
> 
> think about that.......


Tell this to Obama and the anti XL Pipeline folks. :bounce:

Same line of thought would apply to roads. You going to let the goberment run a road through your front yard?

If RB pays taxes on this land. It is his to do what he wants and likewise what he dont want with it. :texasflag


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## Rubberback (Sep 9, 2008)

batmaninja said:


> Tell this to Obama and the anti XL Pipeline folks. :bounce:
> 
> Same line of thought would apply to roads. You going to let the goberment run a road through your front yard?
> 
> If RB pays taxes on this land. It is his to do what he wants and likewise what he dont want with it. :texasflag


That's what you believe & want but we live in another world today. I really just wish they would move them. I hate looking at them.


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## Coastal_RedRaider (Dec 30, 2014)

I'm a real estate appraiser and have appraised condemnations and takings for many different types of roads and easements to include high lines, electrical, ingress/egress, etc. If you are really worried about if they have a legal right to come off your pole to go to another they you NEED to go down to the courthouse and look at your deed records and plat maps to see if they have a stated easement for only where existing lines are. Or if it is old enough, they could have the right to place powerlines/poles wherever they need to. Advice....if you have gone 4 years without looking into this, go to the courthouse or hire someone who knows what they are looking for to go find out for you.


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## Copano/Aransas (Dec 18, 2011)

J/K.










Sent from my iPhone using Tapatalk


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## unclefudd (Sep 7, 2012)

Check Texas Supreme Court rulings regarding entry on private property by utility companies. They cannot cross private property without permission from the property owner. They can do anything they wish to do on their right of way. Case was ruled on regarding a cable company crossing private property to do work.


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## Oso Blanco (Oct 17, 2010)

RB II said:


> A right of way easement has a very specific description and is surveyed to afford an exact piece of property. Depending on the power lines, the easement will vary in width. Probably 16' on either side of a center line. The high voltage transmission lines typically have 100 ft wide easements. Point is, IF they have an easement filed of record, it most likely will not include that new leg that they wanted to install. That would have to have been agreed to by RB for his property. They may be able to use the eminent domain laws to force an easement, but that is after the suits work through that. Not some jack boot lineman.


Wrong


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## Rubberback (Sep 9, 2008)

unclefudd said:


> Check Texas Supreme Court rulings regarding entry on private property by utility companies. They cannot cross private property without permission from the property owner. They can do anything they wish to do on their right of way. Case was ruled on regarding a cable company crossing private property to do work.


The line runs east to west & they came on the property & wanted to run it off an existing pole to the south . They never asked for anything they were just gonna do it. That's my point they will & do whatever they want & people just let them do as they please. Its totally wrong but I guarantee you that they do it all the time. It should be stopped but it won't. They just chant easement or domain & do it. And if you think otherwise your being fooled. I saw it with my own 2 eyes. One of the workers wanted to fight me. It was nuts. I told him come on man hit me. I would love to own an energy co, Fools.


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## Oso Blanco (Oct 17, 2010)

fy0834 said:


> The newer ones (easements) have surveyed limits, generally.
> 
> The old ones are very vague and give rights to the whole of the tract of land described.
> Under the old easements they can do pretty much what they want.
> However, they usually do not run rough-shod over the landowner... unless push becomes shove.


Correct


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## Rubberback (Sep 9, 2008)

Oso Blanco said:


> Correct


Not sure about this but if that's the case they need to revise this. Its totally wrong.That is saying they can do whatever they want & whenever they want on your property for free. Give me a break!


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## Oso Blanco (Oct 17, 2010)

wfishtx said:


> For what its worth, they don't have to show you anything specific to who or when the easement was approved. They simply have to show you the plat/survey that is filed with the county that shows the easement on your property. Once they do that, you have no argument and you might as well go back into your barn and let them do what they are there to do.
> 
> On a side note, you'll probably be the last guy they come turn the power on for if/when it goes out.




Bing Bing Bing we have a winner. Lineman never forget a jerk.


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## ChuChu (Jan 23, 2010)

Oso Blanco said:


> Wrong


There are defined easements and over and thru easements.


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## BadBob (Dec 16, 2010)

MarkU said:


> Burn the pole down....


Ha :rotfl:


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## bg (May 21, 2004)

I may be mistaken but, I recall reading once that early power co-ops would put up some transmission lines with kind of a handshake deal with the landowner and no formally recorded easement. As I recall, if that transmission line has existed for over a certain period of time, it's been given an easement through law whether anything was signed or not. If they've been there for over 60 years, they have a right to be there through the mere fact that they've been there that long and the utility company needs to be able to maintain them, including putting in guylines.

That said, if they want to run new transmission poles on your property to serve someone else in an area outside of the easement (whether formally granted or one that is based simply on the fact that they've been there forever), then they do need a new easement to do that.

One thing is for certain though, whether you're right or not, if the utility decides they need to push it, you will lose unless you can afford to pay as many lawyers as long as they can.


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## Marshman (Jul 24, 2008)

*Starting to make sense now*



Rubberback said:


> The line runs east to west & they came on the property & wanted to run it off an existing pole to the south . They never asked for anything they were just gonna do it. That's my point they will & do whatever they want & people just let them do as they please. Its totally wrong but I guarantee you that they do it all the time. It should be stopped but it won't. They just chant easement or domain & do it. And if you think otherwise your being fooled. I saw it with my own 2 eyes. One of the workers wanted to fight me. It was nuts. I told him come on man hit me. I would love to own an energy co, Fools.


That makes a lot more sense now.

They may or may not have an easement filed for your original line - 60 years ago, it didn't always get done, the guys showed up = ran the wires, dropped the poles, powered up, another good days work.

Nowadays, they won't even show in usually, without a signed easement in place, for new service. I would kinda doubt that a 60 year old easement would allow them to extend service to your neighbor, unless it was on the original document, which should show up on county records, if it exists. The new service being put in, would usually need a new easement.

Yes. They could eminent domain a new ROW, but it is usually easier to work with the affected landowners. Kinda like this: "OK, Mr RB, we really need to get your new neighbor some electrical service, it would be most convenient to run a couple poles and wires from here to here".

You'd reply, "not so convenient for me. How about running it down the fence line, or moving this etc, and then I'm OK with it."

If the foreman is smart, he'll figure out how to work it out with you. Usually though, in bigger utilities, some engineer comes out first to check out the service extension, talk to the affected parties etc. I think HL&P used to call these guys Power Consultants, whose main skill was diplomacy, not engineering.

If your new neighbor needed service run thru your hay field, maybe he should have asked first........


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## Rubberback (Sep 9, 2008)

Marshman said:


> That makes a lot more sense now.
> 
> They may or may not have an easement filed for your original line - 60 years ago, it didn't always get done, the guys showed up = ran the wires, dropped the poles, powered up, another good days work.
> 
> ...


LOL! This is Anderson Tx. Its a different world out here. They make new laws as they go. I need to write a book about the stuff that I've seen here.


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## Oso Blanco (Oct 17, 2010)

I read the whole dang post. Let me help. I am in the business. I deal with this all the time. Older lines do not have a descript easement. In a non descript easement it will be on your title or deed. If the line does not have a prescribed easement (10' from center each way). They still have an easement. A non descript easement is the worst one to have. I can drive anywhere on your property to maintain that line and the deed will say that. I have to stay in the prescribed easement if you have one. 

If you do not have a prescribed or non descript easement the easement is a grandfathered non descript. The same rules apply but it may not be on your deed. This easement is ugly. So what I am saying is they have an easement.

So, you say they do not have a prescribed. Let's focus on the other two. What they have in common is that I can drive anywhere on your property to maintain the line. If property is sold the non described easement follows the sale even if the property you are selling has no line. What is different and ugly. There is no documentation of your rights or the power companies. The previous owner of the property may have made some agreements that effect you. It could become a you against the power company and you will not win.

This is what I would do. You would need to have a good relationship with your neighbor. I would request a prescribed easement at no cost and that they build the line for your neighbor at no cost in trade for the anchor and new easement. I would ask the neighbor to pay me whatever the cost of the line is or 80%. You think you have them over a barrel now but you do not. It was not uncommon to have a feed the neighbor clause in old paperwork. They might give in to avoid a fight.


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## Goags (May 28, 2004)

batmaninja said:


> Tell this to Obama and the anti XL Pipeline folks. :bounce:
> 
> Same line of thought would apply to roads. You going to let the goberment run a road through your front yard?
> 
> If RB pays taxes on this land. It is his to do what he wants and likewise what he dont want with it. :texasflag


I agree. My grandmother's farm was split when I-37 was built...they paid her for the land they took, but the acreage that was split off from the main became hard to access from the main farm... I know, different than an easement, but even an easement is forever.


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## Rubberback (Sep 9, 2008)

Oso Blanco said:


> I read the whole dang post. Let me help. I am in the business. I deal with this all the time. Older lines do not have a descript easement. In a non descript easement it will be on your title or deed. If the line does not have a prescribed easement (10' from center each way). They still have an easement. A non descript easement is the worst one to have. I can drive anywhere on your property to maintain that line and the deed will say that. I have to stay in the prescribed easement if you have one.
> 
> If you do not have a prescribed or non descript easement the easement is a grandfathered non descript. The same rules apply but it may not be on your deed. This easement is ugly. So what I am saying is they have an easement.
> 
> ...


I got over that hump & won that battle. I totally disagree with power co. having this power. No land owner wants power lines running every which way on their property. Well, I don't. Having these wires running north south & which ever way they see it fit is stupid & really not safe. If they have this much power again it needs to be worked over. New laws need to be put in place. Whats the sense in owning land if every power co. can come on your property. And from what your saying is true they can run lines where ever they want. 
Well, this being said, now centerpoint wants to run more lines on my frontage road property. This has got to stop. Taxes go up & no one helps me pay them. Next there gonna build a super sonic train that goes to dallas right thru farm land. It is stupid. I'll refrain stupid its not something we have to have its a waste of farm land. If you wanna go to dallas that fast take a plane.


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## fy0834 (Jan 18, 2011)

Regarding these old contracts... I like what one of the old Texas supreme court justices said;

" Men who bind themselves must remain bound"

Sorry Rubber you are bound...


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## monkeyman1 (Dec 30, 2007)

Rubber, I agree with you, but you will lose this battle eventually - even though you may be right. You will have to sell that farm to pay scum sucking attorney's fees at the end of this battle. While it is noble to stand on principle, you don't need the headaches this will cause you.


Sent from my iPhone 6 Plus purchased selling eggs.


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## Rubberback (Sep 9, 2008)

monkeyman1 said:


> Rubber, I agree with you, but you will lose this battle eventually - even though you may be right. You will have to sell that farm to pay scum sucking attorney's fees at the end of this battle. While it is noble to stand on principle, you don't need the headaches this will cause you.
> 
> Sent from my iPhone 6 Plus purchased selling eggs.


Yes sir! But you know what I ain't leaving. I will hang on. It means to much to me. I got hogs tearing up the pastures & the world wants to turn farm land into wally world. 
Its a cruel world we live in. 
One thing I've learned is welcome to a world of total chaos & you can't take it with you. We should of listened to the Indians but he!! know we kill all there buffalo & then kill all of them. Stupid is stupid does.


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## monkeyman1 (Dec 30, 2007)

Best of luck to you.


Sent from my iPhone 6 Plus purchased selling eggs.


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## Mr. Saltwater (Oct 5, 2012)

Rubberback said:


> Next there gonna build a super sonic train that goes to dallas right thru farm land. It is stupid. I'll refrain stupid its not something we have to have its a waste of farm land. If you wanna go to dallas that fast take a plane.


Stupid is right. My Sister bought land last year to farm and just recently found out the #^(^!*$ bullet train is now proposed to cut right through the middle of it.


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## Empty Pockets CC (Feb 18, 2009)

Goags said:


> I agree. My grandmother's farm was split when I-37 was built...they paid her for the land they took, but the acreage that was split off from the main became hard to access from the main farm... I know, different than an easement, but even an easement is forever.


That's when they pay you "damage to the(your) remnant"

Sent from my iPhone using Tapatalk


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## GuyFromHuntsville (Aug 4, 2011)

In an unrelated subject, I like the new Subway that you got in Anderson


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## wet dreams (May 21, 2004)

Hang in there RB >>screw m and feed m fish heads<<....from another hillbilly in Hardin County


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## Baffin Bay (Jul 26, 2011)

4 Years ago!!!


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## alant (Dec 7, 2006)

Haute Pursuit said:


> It may be possible that the existing easement does not cover the area that they are trying to get service to. That is your only hope in getting them to pay you to use your property...
> 
> One trip to the county courthouse with your propertys legal description or property tax ID will tell you whether they do or don't have legal right to do what they want to do. They would need a ground and an aerial easement to install overhead lines.


I agree - that's what it sounds like to me. It appears the pole is to provide service to the OP's property. They have any easement to access that pole. They may or may not have an easement to access other parts of the property to extend the service to others and the survey is the only way to know for sure. They could be trying to take a short cut through the property because using existing access to provide the new service may be longer and more costly. Bottom line - check the survey.


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## rtoler (Apr 9, 2006)

*Solution*

Get a big bad bull


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## dwilliams35 (Oct 8, 2006)

Rubberback said:


> Not sure about this but if that's the case they need to revise this. Its totally wrong.That is saying they can do whatever they want & whenever they want on your property for free. Give me a break!


They don't just seize property, you can get value in return for any easement you grant. For example, back when I was building my house, I was going to have to pay for a half-mile spur to get to the house, which was going to be fairly expensive. Before it was over with, I just granted an easement down the fence line up against the FM road for a mile or so on another piece of the property, and they built the spur for free. That was 1994 and they still haven't used that easement. They can't just take it from you without compensation.
As far as the general easement to the property, I'd bet that's just a maintenance easement for the existing line, and probably wouldn't cover new construction. We've got the same basic issue on lines that go back to the REA days in the '30s. Verbal general easements back then, doesn't happen much now.


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## BATWING (May 9, 2008)

There is a big difference for easements for underground power, pipelines, roads etc vs power poles. In my experience the power company is only responsible up to your property line. If you need power from the street you gotta pay for it and if that get damaged from a downed tree you get to pay for it again for the portion on your land.

If the neighbor wants power he needs to pay for it starting at the street/road unless the neighboring property owner submits approval. Last time I checked it was about $1000 a pole so cutting a few out on that run by grabbing a neighbors saves a ton of cash.


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## grman (Jul 2, 2010)

BATWING said:


> There is a big difference for easements for underground power, pipelines, roads etc vs power poles. In my experience the power company is only responsible up to your property line. If you need power from the street you gotta pay for it and if that get damaged from a downed tree you get to pay for it again for the portion on your land.
> 
> If the neighbor wants power he needs to pay for it starting at the street/road unless the neighboring property owner submits approval. Last time I checked it was about $1000 a pole so cutting a few out on that run by grabbing a neighbors saves a ton of cash.


When I was looking at raw land - I was always told exactly what Batwing said - Somewhere off property is a public power pole. If I bought the raw land - I was responsible for the poles on my property (how every many I need) to get power to where I want. I was also quoted $1000 a pole. Pole and lines are my responsibility - not the power company. If a neighbor wants power - he has to have poles installed from a supply close to him. Power company maintains to the drop. You do the rest.


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## pocjetty (Sep 12, 2014)

boltmaster said:


> If there is a legit power pole there you can bet there is a legit utility easement that you can not keep them off or out of. If they want to push it that is


I bought a piece of property and split it. Built on half and sold half. There was an active pole on part of it, with no easement. The utility company tried to use it to save themselves some money and effort. They tried to bully me. They tried to threaten me with cutting me off. I didn't know anything about my rights, so I had to learn really quickly.

When they figured out I wouldn't let them do whatever they wanted, they showed up one day and started trenching on a neighbor's property. The neighbor was out of town, so I confronted them. They claimed they had an easement, and told me to butt out. Unfortunately for them, that was the neighbor I bought my property from, and I had been part of making the new plats. I knew there wasn't any easement.

Bottom line, the pole is gone from my property and there is no trench on my neighbor's property. I know that there are good people working or utilities. But don't kid yourself into thinking that they all are. They guy in charge was trying to help his department's budget, at our expense.


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## LIVIN (Oct 31, 2006)

You should just cut the power pole down and problem solved.



Rubberback said:


> No! The whole topic is about someone telling me the landowner IE tax's payer whose land is used totally for agriculture use that they have an easement when I know for a fact they don't. I know most city folks won't understand or even care if there are poles on their property. Well, I do. You see those big towers all over the place those co. pay big bucks to have them there.
> Now, another power co. wants to put more power lines on the farm. There talking eminent domain as well. I call this word stealing. What gives them the right to take a mans property that his family has paid for & paid tax's on for three generations so they can get rich & you get nothing but an eyesore & a broken tractor from mowing around this eyesore. Not to mention the value of the land taken away.


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## Rubberback (Sep 9, 2008)

I have brought this thread up before. I handled the situations that was presented to me. I brought it back up because of ROP & just wanted to let folks that own land know what goes on. Its unreal what these energy co will try & get away with. Happens all the time. 
I've said this 10 times we paid for the pole to the barn to have power there. I live in a barn. No problem there. 
I don't like the poles in the pastures we get nothing for those & there in the way because its a hay farm.
Now, I'm facing centerpoint trying to run the big high lines from Gibbons Creek to Houston on the frontage road of the property. Another eye sore & something to mow around for hay. You always loose hay when obstacles are in the way.
Not to mention your property value goes down & I'll gain absolutely nothing. No power if my power goes out, no benefit to me whatsoever. This line will be only for Houston. 
I already know someone is gonna say well centerpoint will pay you. I don't want there stinking money & it won't be fair trust me. So, I get an eyesore, a lose of hay, & the value of the property goes down. 
So, this being said who wins " Centerpoint ". They make money forever off my land. But a fair solution because we all know that there's not much money being made as a farmer. A fair solution is to pay me monthly for the use of my land. Just like they pay people for those big cell towers everywhere. This is what I have been saying all along. Plus, I should be compensated for the existing poles that are already there. JMO. 
I know someone's gonna say that you said you don't want the money. I don't want a one time check for the land I wanna make money just like centerpoint a monthly check. Those cell co. pay landowners monthly for the use of there land. That's what I want.
But to be honest I really just want the land with the one pole to my barn & leave me alone. Thank -You very much.


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## fy0834 (Jan 18, 2011)

You are FIRM in your convictions... I give you that.

Centerpoint, who has the right (eminent domain) will take you thru the condemnation process if they cannot resolve amicably. You will have the right as part of the process to a jury trial.

Perhaps you will have more luck explaining your situation to those 12 people.


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## Salty-Noob (Jun 9, 2015)

Rubberback said:


> I have brought this thread up before. I handled the situations that was presented to me. I brought it back up because of ROP & just wanted to let folks that own land know what goes on. Its unreal what these energy co will try & get away with. Happens all the time.
> I've said this 10 times we paid for the pole to the barn to have power there. I live in a barn. No problem there.
> I don't like the poles in the pastures we get nothing for those & there in the way because its a hay farm.
> Now, I'm facing centerpoint trying to run the big high lines from Gibbons Creek to Houston on the frontage road of the property. Another eye sore & something to mow around for hay. You always loose hay when obstacles are in the way.
> ...


 You get it every month in the form of a lower electrical cost.........

What do you figure you all everyone else that has a pole on their property on the way to yours?


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## Empty Pockets CC (Feb 18, 2009)

Rubberback said:


> I have brought this thread up before. I handled the situations that was presented to me. I brought it back up because of ROP & just wanted to let folks that own land know what goes on. Its unreal what these energy co will try & get away with. Happens all the time.
> I've said this 10 times we paid for the pole to the barn to have power there. I live in a barn. No problem there.
> I don't like the poles in the pastures we get nothing for those & there in the way because its a hay farm.
> Now, I'm facing centerpoint trying to run the big high lines from Gibbons Creek to Houston on the frontage road of the property. Another eye sore & something to mow around for hay. You always loose hay when obstacles are in the way.
> ...


Not the way it works. You don't want their stinking money anyway right?

Sent from my iPhone using Tapatalk


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## batmaninja (Jul 15, 2010)

All of the guys wanting rubberback back to BOHICA to the power company. If you own property in Texas, please get with the Trans Texas Corridor folks, or the high speed Houston/Dallas rail folks and let them know that you are willing yo give up your private property rights for the greater good. Oh, and thanks for voting for Obama.


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## Rubberback (Sep 9, 2008)

Empty Pockets CC said:


> Not the way it works. You don't want their stinking money anyway right?
> 
> Sent from my iPhone using Tapatalk


I answered that! I don't care about others property if they like poles on their property that is not my concern. I don't. 
Yall , don't get it. Most landowners do not like getting railroaded by big company's taking their land away from them. The taxes don't go down & you loose land & privacy. Big company's are making money & you get nothing. Is that hard for someone to understand. 
So, from what I read I'm the bad guy because I don't like big company's taking my property. There lining their pockets & I get nothing. Someone said I get a break on my electricity that is a crock. I pay the same as everyone & always have.


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## Empty Pockets CC (Feb 18, 2009)

Rubberback said:


> I answered that! I don't care about others property if they like poles on their property that is not my concern. I don't.
> 
> Yall , don't get it. Most landowners do not like getting railroaded by big company's taking their land away from them. The taxes don't go down & you loose land & privacy. Big company's are making money & you get nothing. Is that hard for someone to understand.
> 
> So, from what I read I'm the bad guy because I don't like big company's taking my property. There lining their pockets & I get nothing. Someone said I get a break on my electricity that is a crock. I pay the same as everyone & always have.


Lord knows I agree with you RB. I'm a hay baler too (when we get rain in the hill country) and know how much of a pain poles, trees, or even a mis shaped field can cause the cutter, raker, and baler operator. 
I'm just saying that this is a public utility not a cell phone company. Not everyone has a cell phone but everyone does need power. The power industry is regulated so they don't bend people over because they are a monopoly. 
There are things worth fighting and worrying about. There are things that are not. This is one of those things that we can all complain about, but it won't ever change, and is, therefore, a losing battle costing you your intellectual time, energy, and hardening your heart arteries. 
No one wants poles and wires on their property. NO ONE but they have to go somewhere man. They pay the landowner a one time fee. If you're not the owner at that time you can elect to look at a different piece of property to buy that doesn't have lattice towers or mono poles all over it. 
It's just the way she is amigo, and once again, I agree with on most points. 

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## Empty Pockets CC (Feb 18, 2009)

And no you're not a bad guy! 


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## Salty-Noob (Jun 9, 2015)

Rubberback said:


> I answered that! I don't care about others property if they like poles on their property that is not my concern. I don't.
> Yall , don't get it. Most landowners do not like getting railroaded by big company's taking their land away from them. The taxes don't go down & you loose land & privacy. Big company's are making money & you get nothing. Is that hard for someone to understand.
> So, from what I read I'm the bad guy because I don't like big company's taking my property. There lining their pockets & I get nothing. Someone said I get a break on my electricity that is a crock. I pay the same as everyone & always have.


For ****s sake...........

If they paid everyone that had a pole for it, the cost of electricity would skyrocket........


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## batmaninja (Jul 15, 2010)

*The power industry is regulated so they don't bend people over because they are a monopoly. *

Heard of Enron?


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## Salty-Noob (Jun 9, 2015)

batmaninja said:


> *The power industry is regulated so they don't bend people over because they are a monopoly. *
> 
> Heard of Enron?


 Enron was a wholesaler........

they come and go every year.....

And to correct that other poster........power in Texas is Deregulated.......

All these fly by nights buy their power from the same place.


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## ChuChu (Jan 23, 2010)

Salty-Noob said:


> Enron was a wholesaler........
> 
> they come and go every year.....
> 
> ...


Power is deregulated in certain areas, not the whole state.


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## Empty Pockets CC (Feb 18, 2009)

batmaninja said:


> *The power industry is regulated so they don't bend people over because they are a monopoly. *
> 
> Heard of Enron?


No, I'm from San Antonio.

Jk, yes I have. I think there are a few people that ate their own bullets or are sitting in jail for awhile over that one aren't there?

Here let me be more specific. CPS Energy, the only provider in San Antonio, is regulated. I enjoy my low cost of power and nat gas (could be lower if we stopped all this green crud initiative like solar and wind hogwash but we won't get into that). 
I lived in San Antonio, Houston, and Corpus. San Antonio has the lowest cost of living when it comes to taxes and utilities in my experiences. 

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## ChuChu (Jan 23, 2010)

Rubberback said:


> I answered that! I don't care about others property if they like poles on their property that is not my concern. I don't.
> Yall , don't get it. Most landowners do not like getting railroaded by big company's taking their land away from them. The taxes don't go down & you loose land & privacy. Big company's are making money & you get nothing. Is that hard for someone to understand.
> So, from what I read I'm the bad guy because I don't like big company's taking my property. There lining their pockets & I get nothing. Someone said I get a break on my electricity that is a crock. I pay the same as everyone & always have.


RB....some people just don't understand that a man's land is a part of his soul. Some will sell their soul for a few silver coins, others will fight to save their soul.


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## batmaninja (Jul 15, 2010)

_Bush and Arnold's buddies at Enron f***d California. Their word, not mine.
Four years after California's disastrous experiment with energy deregulation, Enron energy traders can be heard - on audiotapes obtained by CBS News - gloating and praising each other as they helped bring on, and cash-in on, the Western power crisis.

"He just f****s California," says one Enron employee. "He steals money from California to the tune of about a million."_

http://www.dailykos.com/story/2004/6/2/31820/-

Yea big companies wont screw you. :rybka:

And

I am from the goberment, I am here to help. :rybka:


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## Rubberback (Sep 9, 2008)

ChuChu said:


> RB....some people just don't understand that a man's land is a part of his soul. Some will sell their soul for a few silver coins, others will fight to save their soul.


It's my whole world. I'm a third generation owner. I've been eating off this farm my whole life. 
Plus, if they keep doing stupid stuff they will eventually do away with prime farm land.
Texas is a big mother but it has a very unique landscape & that is why its such a great state. But it can't all be farmed. The land up here was once called the land of milk & honey. It was called that for a reason. 
People today really don't understand because they just drive to HEB & buy their food. Well, what is gonna happen when we can't afford to get produce & meat from other places because know one will be able to afford it. Then we need to grow it locally for cost reason are what ever. 
Then everyone is scratching their heads going, my god we shouldn't of put trains & all this other junk all over our valued farm land. O well, I'll be gone by then.


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## Worm Drowner (Sep 9, 2010)

You bring up good points, RB. On the other hand, I have watched one after another farm or ranch get sold off to developers and become soulless subdivisions. It's the property owners' right to do with their land as they see fit, but it saddens me, nevertheless, to see places like Katy, Tomball, Sugar Land, Pearland, etc. turned from great little farming towns to blasÃ© strip malls and ugly, pre-planned developments.


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## bluegill addict (Aug 13, 2005)

> Originally Posted by *Rubberback*
> _The line runs east to west & they came on the property & wanted to run it off an existing pole to the south . They never asked for anything they were just gonna do it. That's my point they will & do whatever they want & people just let them do as they please. Its totally wrong but I guarantee you that they do it all the time. It should be stopped but it won't. They just chant easement or domain & do it. And if you think otherwise your being fooled. I saw it with my own 2 eyes. *One of the workers wanted to fight me.* It was nuts. I told him come on man hit me. I would love to own an energy co, Fools._


Really dude???


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## Whitebassfisher (May 4, 2007)




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## Rubberback (Sep 9, 2008)

bluegill addict said:


> Really dude???


True story! I have no reason to lie.


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## budreau (Jun 21, 2009)

i've had a couple get a little ballsy at a time or two so i do think one wanting to fight is a real possibility .
they get a little power thing going in their head and ever now and then some one needs to help them clear their mind so to speak.


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## MB (Mar 6, 2006)

*Eminent Domain*

Trump's All for this ...

*MB*


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## Whitebassfisher (May 4, 2007)

Rubberback said:


> *One of the workers wanted to fight me.* It was nuts. I told him come on man hit me. I would love to own an energy co, Fools.





bluegill addict said:


> Really dude???





Rubberback said:


> True story! I have no reason to lie.


This is what happens when a guy's testosterone level is 12 to 15 times his IQ.


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## ATX 4x4 (Jun 25, 2011)

Folks want their lights on at night and want the AC running all day so the house is cool when they get home from work in the summer but no one wants to see evidence of what makes it a reality.

Best of luck to you, I hope your distribution company is doing it by the books.


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## Rubberback (Sep 9, 2008)

ATX 4x4 said:


> Folks want their lights on at night and want the AC running all day so the house is cool when they get home from work in the summer but no one wants to see evidence of what makes it a reality.
> 
> Best of luck to you, I hope your distribution company is doing it by the books.


Since all of this has happened & many, many outages. I have this one guy who shows up to help me restore my power, nicest most courteous guy I've ever met. He loves quail & has gotten some hatching eggs from me.
You know common sense & being courteous goes along way. Bully's never win.
I even called the power co. & told them that the young man who came out here today was a real professional.


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## Mr. Breeze (Jan 6, 2005)

They learned......don't be messin' with RB....


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## Category6 (Nov 21, 2007)

I can't believe y'all are still talking about this


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## Mr. Breeze (Jan 6, 2005)

Category5 said:


> I can't believe y'all are still talking about this


 Only 8,207 views, just getting started...:rotfl:


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## Rubberback (Sep 9, 2008)

Mr. Breeze said:


> Only 8,207 views, just getting started...:rotfl:


Wait! Just wait! Till they put the big poles in . Then the train thru the lower 40. This world has flipped its lid.


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## TrueblueTexican (Aug 29, 2005)

*Eminent Domain*

Anyone who comes on your property and the FIRST thing out of their mouth is Eminent Domain threats SHOULD be booted off post haste. RECoOps usually want to keep good relations with customers.

Unless they have an electrical easement for a single phase run from that pole across your land to your neighbor - they don't have a leg to stand on. They will have to ask for an easement and negotiate a price with you. Electrical lines are common carrier status all over the country - but they still must pay for the ROW.

Guy wires are a pain in the arse for any landowner - make em put in a concrete footer and steel poles (no guy wires).

You might get them to bury such line , but doubtful.

Saying this realize we all have to have electricity and gas, best to stay on good terms with your electric utility - however I would speak to the linemans supervisor on the way it was originally handled.


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## Duckchasr (Apr 27, 2011)

*Confused*

Is this thread about you being mad that you can't get pizza delivery at Roll Over Pass?sad3sm J/K I feel your pain all my old duck and goose hunting spots are either converted to subdivisions or taken out of farm production. Hope for the best for you. Fight the good fight to protect your private property rights. oh and you got my vote too.:texasflag


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## rringstaff (Jul 25, 2014)

Whitebassfisher said:


> This is what happens when a guy's testosterone level is 12 to 15 times his IQ.


you're talking about Rubberback I assume?


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## Rubberback (Sep 9, 2008)

TrueblueTexican said:


> Anyone who comes on your property and the FIRST thing out of their mouth is Eminent Domain threats SHOULD be booted off post haste. RECoOps usually want to keep good relations with customers.
> 
> Unless they have an electrical easement for a single phase run from that pole across your land to your neighbor - they don't have a leg to stand on. They will have to ask for an easement and negotiate a price with you. Electrical lines are common carrier status all over the country - but they still must pay for the ROW.
> 
> ...


I think they need to stay in good terms with me. There running poles on my land for free. I pay top dollar for electric I'm not kissing their arse. I'm the customer. Their not god. Yall act like their giving me something, its just the opposite I'm giving them something. Use of my land for free. Can't yall see that ?


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## Gemini8 (Jun 29, 2013)

Category5 said:


> I can't believe y'all are still talking about this


He lives with birds and apparently his human contact is through the internet. You can take it from there.....:rotfl:


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## budreau (Jun 21, 2009)

Category5 said:


> I can't believe y'all are still talking about this


what cant you believe ? 
that people that own land have a problem with how they have to unwillingly sell part or all of it for the "betterment " of the state or more likely some well connected power companies bank account ? 
i myself think this subject needs to be discussed , probably be better to have it in austin with state rep but here works for the moment .


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## Mr. Breeze (Jan 6, 2005)




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## TrueblueTexican (Aug 29, 2005)

*Since I am in this business*



budreau said:


> what cant you believe ?
> that people that own land have a problem with how they have to unwillingly sell part or all of it for the "betterment " of the state or more likely some well connected power companies bank account ?
> i myself think this subject needs to be discussed , probably be better to have it in austin with state rep but here works for the moment .


And play BOTH sides of the fence - you would be running most homes in rural areas off the grid were it not for the JUST use of Eminent Domain - that said the intent of the notion is being abused without a doubt.

He who has the gold makes the rules here - if enough Texans banded together in class action , you could really bore down and nail what constitute the right to apply eminent domain - but right now this has become a gray area, purposefully so - at the plan of law firms which control most of the state - it makes them millions of dollars in litigation every day --

I have come to find its just a big game of poker - hold your cards close and bluff on a bad hand --

The mafia Don said let me get my beak wet - applies to legal firms these days -


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## budreau (Jun 21, 2009)

i understand fully on all accounts . i've been thru this again lately but this time i received 3 letters from law firms - 2 in dallas and 1 in austin that wanted to handle my case on a upcoming power line . odd thing was i had not even heard of it yet . i was informed by excel the next week of their intent.


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## Rubberback (Sep 9, 2008)

Gemini8 said:


> He lives with birds and apparently his human contact is through the internet. You can take it from there.....:rotfl:


LMAO! Judging from this thread & the thousands of other threads on 2 cool. There are many others that have this problem your assuming. You included.


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## Rubberback (Sep 9, 2008)

budreau said:


> what cant you believe ?
> that people that own land have a problem with how they have to unwillingly sell part or all of it for the "betterment " of the state or more likely some well connected power companies bank account ?
> i myself think this subject needs to be discussed , probably be better to have it in austin with state rep but here works for the moment .


It does need to be discussed. I hate to see landowners get railroaded out of their property.
I have a friend that has some land 15 miles from me. He & his wife finally got to retirement age & sold their house in the city. They had just moved in & they got a letter about a pipeline coming thru their property. 
They are now the proud owner of having a pipeline in their front yard.


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## Johnboat (Jun 7, 2004)

*Land*

Eminent domain has been the law since the colonial days. It was part of the common law. Our founding fathers discussed it and amended the Constitution for more protection and compensation.

Just because you just now learned about it you act like its some new liberal ideology. It's not. It's just part of sovereign power. You can Google it and Wikipedia has the general history of it.

Think about this. There can be no private ownership of land without a strong and stable government.

There may be some abuses but utility lines are definitely in the public benefit. You can hire an attorney to get you the maximum compensation. But whining about the process is a waste of time.

Early Texans didn't whine about power lines. They were darn happy to have electricity. Read about the work of the rural electrification agency REA in Texas.http://tshaonline.org/handbook/online/articles/dpr01


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## fy0834 (Jan 18, 2011)

As already stated on this thread, every situation has it's own set of circumstances... At any time you (the landowner) are not satisfied with the settlement, You can take it to the next level... A jury trial, being a panel of landowners in your county. The large companies do not usually have allies on this panel of people. :texasflag

Having been in E & P for 35 years myself, one of the things I disliked the most is when a dedicated landowner would represent himself and start at the JP court level and proceed thru the legal gambit... Sure he might not win. But he stole our valuable time... And more often than not, we would buy him off.


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## budreau (Jun 21, 2009)

you sound like a lawyer . sorry they wasted your time . insert sarcasm here.


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## jtburf (May 26, 2004)

Not sure if this has been posted, ran across it in the back of Texas Wildlife.

www.showalterlaw.com

John


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## dwilliams35 (Oct 8, 2006)

Hey rubberback; got this in an email today....

http://wallercountyadvocacygroup.org/events/?entry=47


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## Rubberback (Sep 9, 2008)

dwilliams35 said:


> Hey rubberback; got this in an email today....
> 
> http://wallercountyadvocacygroup.org/events/?entry=47


Thanks! I do have some good news. Centerpoint won't be putting up the high lines on hywy 90.


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