Then the phone rings one day out of the blue, and its the electric company letting ya know that the power line with 35' poles that goes across the place is going to be replaced with 70' metal poles, and very high voltage lines...and they want to buy 5 acres of the parcel for an electric substation and a communication tower.
"ARE YOU CRAZY?" is all I wanted to say but with emminent domain the way it is...there is an instant sinking feeling in your heart and you see not only your retirement plans disintigrate but even
your quiet peaceful homestead. Sure they talk friendly upfront and make it seem like if you don't want to make them an offer they'd be willing to consider another place...but get real, with the emminent domain laws the way they are these days...the deed to your property is already in their back pocket, I'm not even sure why they bother being polite..(I've heard in some such cases they don't).
So whats going to happen? Is it a sure thing? The 70' poles and high voltage lines...yes. A one acre substation for the view off our front porch,
sounds like about an 80% chance...the other 4 acres to accomodate the guide wires for the 300' tower...maybe a 50% chance. The chances of us finding another 12-13 acre place like this one (location, beauty, layout, quietness etc..,)...pretty dang slim.
I had been meaning to call them and find out what it would cost to have the lines that cross the property put underground. Ummm, won't happen now, they won't put the high voltage ones underground...(I did ask while I had them on the phone).
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I'm not sure what process they need to go through for eminent domain, but it probably involves some work and pull on their part; if your electric company is privately owned (even if its not) I don't know how much pull they have either?
So I'd tell them no.
They may be just looking for options for those that won't put up much of a resistance. (I believe eminent domain used to be called "manifest destiny"; the "right" to take the land from the indians?)
that sux. maybe you can just tell them no. i dunno' tho.
Thats a thought...and a potential option..."just say no" ..Nancy Reagan would be proud. But then again, times are much different now than ever...and it is pretty unlikely courts these days will have more respect for my rights than their power...even though there are probably plenty of places they could put a substation, most of the neighbors on this powerline side have many many many more acres than I...but mine is where the powerlines turn and head the direction they are needing more juice. So we'll see, we meet with them Monday.
I imagine that there are means to prevent them from doing it.. If they are probing around saying no would probably work, but if they are just trying a "Sell or we'll seize it" you could probably hire a lawyer to fight them over it. (Power lines can make sharp turns, so it's doubtful that their power lines have to run through your property or it becomes a national crisis).
Just my thoughts,
-Jac
My guess is like the others, they start the process by seeing what might be available. Electric lines are not in the same league as roads since, as Skrylar points out, power lines can make turns around properties without the same impact as highways or water lines.
If it were me, I would tell them no and then investigate defense measures (just in case). Most battles of eminent domain are fought in the public eye. Maybe think of putting up your own monument where they want to build. Make it to something your local people would connect with like a memorial dedicated to the bombing victims of the OK City federal building (if you were in OK) or Columbine if you were in CO. It sounds dirty but defense of one's home is a serious cause.
Best of Luck in the whole ordeal!
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