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=== Assistant: Yes, Oncor is legally required to compensate you if any portion of your land is taken, cleared, or burdened by an easem… === Yes, Oncor is legally required to compensate you if any portion of your land is taken, cleared, or burdened by an easement for the high-voltage transmission line. This is done through eminent domain, but only after the project is approved by the Public Utility Commission of Texas (PUCT). Here’s a breakdown of your rights, compensation, and action steps: ==== Yes. If the line is built across or near your property, Oncor must: ==== * Negotiate with you for a transmission line easement, or * If you refuse, initiate an eminent domain lawsuit to forcibly acquire it In both cases, you are entitled to: * Fair market value for the land or easement taken * Damages for loss in value to the rest of your property, especially if the line is within sight of your home * Tree and vegetation loss compensation * Potential loss-of-use damages (e.g., access, enjoyment, fencing) Texas law protects landowners’ rights under Tex. Prop. Code §§ 21.001 et seq. (the eminent domain statutes). ==== You can attempt to: ==== ===== - File to intervene in Docket No. 58126 (urgently) — this is your only chance to influence the route. ===== * Argue that the selected path has unreasonable impact on: - Proximity to your residence (150′ is very close) - Heritage trees (oaks), vegetation, environmental concerns - Safety, health, property value, aesthetics If enough evidence and opposition are presented, the PUCT may: * Modify the route * Choose an alternate route proposed by Oncor * Require more mitigation ===== - Challenge the amount of compensation ===== * Raise land use violations, or * Seek injunctive relief in very rare cases (e.g., fraud, improper notice, constitutional takings) ==== If Oncor proceeds: ==== # They’ll offer a purchase price or easement payment # You can negotiate, or # If you decline, they will file a condemnation lawsuit - This triggers a Special Commissioners Hearing under Texas law - You can present your valuation, hire appraisers, attorneys, etc. - If unsatisfied, you can appeal to a jury trial Landowners often receive higher compensation through challenge than initially offered. ==== | | | ==== | --- | --- | | | | | | | | | | | | | | | | ===== - You cannot be forced to accept a price — only a judge or jury can impose value ===== * You are owed “just compensation” under the Texas and U.S. Constitutions * You can be compensated for both actual land taken and diminution to the remainder * The PUCT cannot determine compensation — only route approval; compensation is later ===== Once the PUCT approves the route, your chance to alter its path is essentially over. Your best leverage is right now—before approval. ===== Would you like help drafting a formal intervention statement tailored to these facts (22% land impact, 150′ proximity, oak clearing)? I can also help outline the expected stages of the eminent domain process with key dates.
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