A public utility has the statutory authority to condemn land for transmission lines. As with other condemnation proceedings, the only question you can take to court is how much the land is worth. That is one question which the PUC does not consider. Under the Public Utility Regulatory Act, the Commission has to make three decisions:
Is the line necessary?
Are there any proposed routes which are not acceptable?
Which is the best of the acceptable proposed routes?
What does "acceptable" mean? It means first that it satisfies the criteria the Legislature set up:
The commission shall grant each certificate on a nondiscriminatory basis after considering:
- (1) the adequacy of existing service;
- (2) the need for additional service;
- (3) the effect of granting the certificate on the recipient of the certificate and any electric utility serving the proximate area; and
- (4) other factors, such as:
- (A) community values;
- (B) recreational and park areas;
- (C) historical and aesthetic values;
- (D) environmental integrity;
- (E) the probable improvement of service or lowering of cost to consumers in the area if the certificate is granted; and
- (F) to the extent applicable, the effect of granting the certificate on the ability of this state to meet the goal established by Section 39.904(a) of this title.
As you might imagine, the rather general terms in (A)-(D) provide the Commission a fair amount of leeway to accept a criticism of a proposed project or route. Moreover, there is the "such as" in (4). If you can persuade the Commissioners to consider a criterion not listed in the statute, they are permitted to do so. (It doesn't happen often, of course.) The important point here is that you should always shape your case to make it as easy as possible for the Commissioners to decide your way. That means using the standards they must apply.
What that means in practice is very different from case to case, and from landowner to landowner. You might have all the information and evidence you need, or be able to produce it yourself. Or you might need to hire an expert -- a wildlife biologist or a limnologist or an archaeologist or a historian or . . . . You get the idea. And until you've worked out your strategy, there is no way to know whom you will need (or how much it will cost). But while you're thinking about it, remember -- there's a clock ticking.
And there's a chance you can cut a deal which will solve your problem.
Home | Public Utility Law & Policy | What do you do | What's going on | Intervening | Your case | Negotiating | Texas Wholesale Power Report
Disclaimer:
The materials available at this web site are for
informational purposes only and not for the purpose of providing legal
advice.
You should contact your attorney to obtain advice with respect
to any particular issue or problem.
Use of and access to this Web site
does not create an attorney-client relationship between M.L.
Ellenberg and the user or browser.