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!
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