This case involves an electric utility company placing power cable lines around the plaintiff’s property, serving as a “taking” under the laws of the state’s jurisdiction. The power company began purchasing land in the South, and rather than going through the plaintiff’s property, placed the lines around the sides of the plaintiff’s property. The power company did not offer to buy the plaintiff’s property, but bought most of the land surrounding the plaintiff’s property for their distribution station. The distribution station was not using the client’s property, but there was still an issue in the jurisdiction as to whether what the power company did was proper.
Question(s) For Expert Witness
1. Was the "taking" in this case proper?
Expert Witness Response E-004936
This has many characteristics of an eminent domain case, specifically that of an inverse condemnation case. To examine whether the taking was proper, there would need to be an examination of how the lines were installed and how they were being used. As a former employee of the State’s Department of Transportation, with over 30 highway projects, I am highly knowledgeable in real estate appraisals and laws regarding eminent domain.
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