Coping with LCRA

Saturday evening, as the 1st phase of the LCRA Hamilton Pool Road water pipeline was being completed, a group of easement neighbors got together to discuss concerns and problems that occurred during pipeline construction and also to discuss what lay ahead for the restoration of their land.

Having a pipeline run through your property by power of eminent domain can have the average property owner feeling frustrated and powerless. After all it is often the first time something like this has probably ever happened to you and it is hard to find someone to advise you without hiring an attorney.
However, you do have certain rights and some bargaining power. The following are some suggestions that my neighbors and I have learned through this experience.

1. Before the process actually begins find out who else in your neighborhood or community has been targeted as an easement property owner. It is to your advantage to keep the lines of communication open with these neighbors. Get together and share your ideas, information and resources. The more you know the more control you will have over the process.

2. Remember that even though the utility company/TXDoT/LCRA etc. have the power of condemnation they would prefer to work with you. Condemnation costs them money and time and often results in negative PR for the utility.
It is to your advantage to be armed with good information and be prepared to negotiate and make the best deal possible in the beginning.

3. You may prefer to have an attorney who specializes in condemnation law, review your easement contract and negotiate for you. Generally they work on a contingency fee.

4. The utility company's appraisal of your property, which will result in the purchase price you will receive for the easement right, is just that...
their appraisal. It is certainly reasonable to hire your own appraiser and get your own appraisal. You can even find your own comparable sales and offer them as substantiation in a counter offer if you feel their appraisal is too low.

5. Part of your easement contract is the sale price and another part will describe the restoration of your property The agreement for the restoration of your property is an important part of this process.

A few obvious, but often neglected, reminders that you might want to make part of your contract:

* During construction the utility must insure the safety of your family, pets and livestock. Depending on the pipeline location on your property and its proximity to you, it is not unreasonable to insist that the construction site be fenced off during construction and restoration

* If the installation is to be a waterline, for instance, make sure your contract reads that a waterline of a specific size and ONLY a waterline will be installed; no gas lines, no communication lines, no fiber optics etc. Carefully review your tree survey and identification and make sure that you are all in agreement about what trees may not be removed
* Take pictures of your property before, during and after construction and the restoration of your land. If a problem arises, photos may be very helpful.

Land Restoration
While we all want to negotiate the highest easement purchase price and that initially may seem paramount, equally important is to negotiate the best contract for the restoraton of your property.
Attached are 3 helpful doc.s that will give you guidelines and specifications about what you can reasonably expect and negotiate for land restoration. Remember this is every bit as important as the easement price you negotiate:

* City of Austin - Seeding and Soil restoration (virtually identical to LCRA guidelines).

* Guideline for Re-establishment of Vegetative Cover on Disturbed Areas Along Pipelines

Lastly, one of the most important and valuable things you can do during the construction process and the restoration of your land is ....
KEEP YOUR EYES OPEN and WATCH WHAT GOES ON!!
Know the job foreman, have their contact info. handy and with your contract in hand you may be able to derail potential problems and make, what can be a difficult process, more productive.