Background: grid congestion and the need for increased transmission capacity

Good morning.  As I mentioned in the blog's opening post, time and the market will ultimately tell us whether or not wind energy can truly be a sustainable and viable electric power source in this state.  That debate is not the topic here.

I'm posting a link below to an enlightening article by Becky Diffen (a young lawyer in the Vinson and Elkins Austin office).  It is a long read but one I think you will find interesting.

Long-term viability notwithstanding, the wind farms are here.  As Ms. Diffen points out, if the area surrounding and including Sweetwater, Texas were its own country it would be seventh in the world in wind energy production capacity.  That's huge!  And that power has to get to market.  You'll read about how the Legislature is doing what it can to make sure the wind farm developers succeed.  No doubt there is a demand for the energy.

But, again, who is left in the middle?  Maybe it's you.  Or someone you know.

Enjoy.

Changes

I changed the name of this blog.  The previous name was, upon reflection, too long and not particularly good.

I'm finishing reading an interesting article on Competitive Renewable Energy Zones.  I'll have some new content soon!  Cheers.

Love is love and not fade away. . .Parker Ann Brooks at 14 months.

This has nothing at all to do with the topic.  My daughter, Parker, is about to turn 5.  Here's a video of her when she was about 14 months old.  Cheers.

The Constitution vs. Profit Motive

What on Earth do these two things have to do with each other?  As it turns out, probably not much. 

Chapter 21 of the Texas Property Code (and the cases that interpret it) sets out the procedures by which governmental and certain non-governmental entities (including some electric transmsision companies) may acquire private property through eminent domain.  Compensation must be paid.  In fact, the Constitution of the State of Texas sets out, in Article 1, Section 17, that "adequate" compensation be paid before private property is taken for public use.  Electric transmission utilities are, by and large, for-profit businesses.  They are motivate by good old-fashioned greed.  And who can blame them for that?  I don't do my job for free.  Neither do you.  That's not the issue.  So, how do electric transmission utilities approach the issue of adequate compensation to landowners (in light of their need to maximize profits)?  This is not a trick question.  If you guessed "by trying to buy property for as little as possible" (generally speaking), step up and claim your prize!

But, how?  I mean, we have a Constitution to prevent that, right?  Yeah.  Right.

Stay tuned.  In the coming weeks I'll discuss how the process is set up and how the transmission utilities discharge their obligation to offer and pay "adequate" compensation while not doing so at all.  Sound cynical?  Unfortunately, it does.  But that doesn't make it any less true. 

And so as to not sound so dour, I'll also talk about where the fight is -- and how it's won.

Have a great week!

What's in a name?

Before we get too far down this road, I should probably clarify something.

The URL for this blog is landgrabs.blogspot.com.  I suppose the term "landgrabs" could be construed as fairly inflammatory (I assure you that it isn't inflammatory enough for some folks).  We can debate until we are blue in the face about the the ultimate value of wind energy in our state, our country and the world.  Frankly, I'm content to let history decide whether or not it is a viable way to improve generation capacity to meet our growing energy demands.  In and of itself, it's pretty cool and fairly intuitive.  The wind blows hard enough, in some places, to generate electricity.  But that is only one aspect.

There is plenty of wind in West Texas.  There are plenty of people in the large urban areas who want to keep their homes cool and their pools running.  For the longest time, those two things had almost nothing to do with each other.  That's where "landgrabs" comes into play.  I'll write a lot on wind energy and how the state and federal legislatures have taken great measures to incentivize and incubate the industry.  I'll muse on green energy and how municipalities and utilities are feeling increasing popular demand that they include it in their portfolios.  But I will spend the most time addressing the issue of the people in the middle -- those landowners, large and small, in between who are being saddled with the burden of connecting the grid (and in too many cases, disproportionately so).  This is not to say that wind energy is, therefore, a bad thing.  It's not.  It's just a complex issue.

Again, welcome.  I hope you will follow along and engage in the discussion.  In the coming days and weeks I'll link to articles and sites I think will add depth to the discourse.

Now, go have a great Saturday!

Greetings!

Hi.  My name is Christian Brooks and I'm a lawyer from Austin, Texas.  My practice focuses on eminent domain and condemnation of private property rights.  I work on the side of the private property owner and am passionate about it.  I've decided to start this blog to share some of what I'm seeing resulting from the wind farms out in far west Texas and how they are creating infrastructure demands across the middle of our state to bring that power to market.  I hope you'll enjoy following this work in progress.