Jury Awards Landowner $393,165 in Condemnation Case

Feb 27, 2015 | Condemnation, Eminent Domain, News

Luke Ellis, Justin Hodge, and Jacob Merkord won a Wichita County jury trial regarding the reduction in value caused by a 345kV high-voltage electric transmission line easement.  The dispute began in December 2011 when Oncor Electric Delivery Company LLC sued a Wichita County landowner to gain 33.65 acres of easement area to construction and maintain a 345kV power line, the highest voltage power lines built in Texas.  Oncor’s easement bisected the property, was 160 feet wide, and nearly two miles long.  Oncor initially claimed total damages were only $54,731, but later increased that amount to $138,624.  On behalf of the landowner, Johns Marrs Ellis Hodge LLP presented expert testimony and evidence that damages extended across the entire property and amounted to $393,165.

After a three-day trial in Wichita County Court at Law No. 1, jurors awarded the landowner $393,165.  The Court entered the final judgment of $445,365, which includes interest and court costs.  The case is Oncor Electric Delivery Company, LLC v. Edward Clack, No. C-330-E.  Oncor did not appeal.