San Marcos Record, San Marcos, TX

Local News

April 15, 2009

Domain dispute dos and don’ts

Hold out for best deal, attorneys advise area landowners

By Anita Miller

San Marcos — They dogged the project for months, but to no avail.

On Tuesday, some landowners whose property will be taken for a new 345-kilowatt transmission line in Caldwell and Guadalupe counties hunkered down to learn about how that will all actually happen; and how they can gain maximum compensation for what they’re about to lose.

Houston-area attorneys put on a pair of free meetings for landowners whose property is impacted, detailing the process and, of course, pressing that people with legal representation will fare better in the long run than those without.

The news has been sinking in since last fall when the Lower Colorado River Authority announced its route selection for the project. Prior to that, residents in areas including the Falls at Martindale had argued for other routes they say were shorter and made a lesser impact on the San Marcos River.

But that’s all over now, and surveyors are starting to show up.

“I can assure you, the LCRA ultimately will put that line where they want to. You won’t have any say about it,” said Winston Crowder, one of the attorneys.

What landowners can do, the attorneys said, is to hold out for the best deal possible.

“Do not settle for LCRA’s first offer,” said attorney Seneca Jacob. Likewise, he cautioned landowners not to discuss the value of the property or express any personal opinions about it.

Jacob said landowners should continue to maintain their property until all appraisals are done and to keep a paper trail of all of LCRA’s actions.

Under Texas law, eminent domain occurs in stages. Once the landowner is contacted, an appraisal will be done. “That’s a written offer based on what they think they owe you,” Jacob explained.

If the landowner accepts the offer that’s the end of the process. But if the landowner objects, the county judge can appoint three special commissioners who will then decide the land’s value.

Jacob cautioned the appraisals aren’t the same type done if someone were buying a home. Rather, they concern the value of the property before the transmission line is built versus the value of the property afterwards.

If the special commissioners, the LCRA and the landowner all agree, that ends the process; if they do not, the final step is a jury trial.

“We’re not here to sign anybody up,” Jacob said. However, he also said legal representation can result in compensation up to seven times over the original offer.

The two meetings, one at lunchtime and one in the early evening, were held at the Quality Inn.

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