PG&E wants an 50' easement across the front of my property.what's my opinion's?

8 views 5 answers
This a 150000 volt feed to supply power to a large business in the area. My fears are health, property values, and aesthetic of my homes frontage. If I don't sign what can they do?

Attorney Answers

5
Sharonrose Cannistraci ·
I recommend that you consult a lawyer before negotiating or signing anything. A public utility company is a quasi-governmental agency for purposes of the power of eminent domain, i.e., condemning or taking private property for public use. You have the right to oppose to the government’s right to take your property but challenging PG&E's right to an easement may be unsuccessful. In any case, an owner is entitled to compensation for the taking of private property for public use in the form of an easement. The types of damages that an owner may be entitled to recover are for example the fair market value of the easement; related loss of improvements on the property, such as fixtures and equipment; related business losses if you had to relocate; costs to relocate; damages resulting from excessive delay or unreasonable conduct by PG&E, Interest, costs, attorneys’ fees, and appraisal fees.
0 upvotes
Robin MashalLitigation LawyerLos Angeles, CACA licensed ·
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice. I agree with my colleague. You should immediately retain an attorney to help you assess your options. Your attorney may retain an expert to determine if the utility company can go through alternative routes that will be less onerous to your property.
0 upvotes
Charles Peterson ·
PG& E has the power of eminent domain. It can condemn the property and take the area with a court order. PG& E doesn't do that very often, but if your property is absolutely necessary to its plans, and there were no other location that would work as well for them, they could condemn. Retain an attorney experienced in eminent domain proceedings to negotiate with PG&E on a fair price for the easement.
0 upvotes
Edward Lear ·
PG&E has the power of eminent domain. The issue will come down to just compensation. I just settled a similar matter against Edison last week for 13 homeowners. The gist of our claim was the diminution in value of the remainder property after Edison's partial take (to put in a 500kw underground line). We were able to force Edison to pay 10x what the property owners were offered prior to retaining counsel. Be prepared for PG&E to lowball you.
0 upvotes
Arthur Hazarabedian ·
As a general proposition, you are entitled to fair market value of the property P,G & E is taking, plus severance damage to your remaining property (i.e., the loss in value to the property you have left). Be aware that P, G & E tends to fight severance damage cases hard, and they tend to claim that power lines have no adverse health impacts and have no adverse impacts on property values. You do not need to accept P, G & E's offer. You can negotiate with them. And if you cannot reach an agreement, they can file an eminent domain action in court to take the easement, and you would be entitled to present your claims for damage in court, to a jury. Of course, whether this would make economic sense would depend on the particular circumstances of your case and the values involved. You should consult with an attorney who specializes in eminent domain in California.
0 upvotes