Special Master and Special Master Hearing
What happens if I refuse to let the utility company have a utility easement over my property?
In short, your case or the "condemnation action" will go to court. More specifically, if you refuse to let the power company have the right to use your land, their options are either to reroute the planned power line path or condemn your property under the power of eminent domain. The power company is unlikely to choose another route because any changes are very expensive. So their next step is to officially petition the court for the right to condemn. Next, your attorney (it is highly recommended to have counsel during this process) meets with the power company’s attorney and the assigned judge in order to set up a neutral person to hear the case, usually a retired judge or attorney. This person is known as the special master, and the hearing is known as the special master hearing or condemnation action.
What usually happens during the special master hearing?
At this hearing, both sides argue their respective case before the special master in a "Condemnation action". The power company will try to prove that the line is necessary. They will use electrical engineers to testify that the current system is operating at a high rate of productivity, etc. In the condemnation action, the power company also usually calls a routing specialist to tell why that specific route is needed across your property. Next, a surveyor will be called to describe the property being condemned, and the power company will have an appraiser to testify as to the value of the property and the damages as a result of the line being built.
You also get to have an appraiser testify as to the value of the land. Usually your appraiser will have a higher appraisal than the power company, but our experience suggests that the special master usually gives a condemnation award more on the side of the utility company’s appraisal. They have the advantage of engineers and experts in their corner. At any rate, the process can be complicated and costly. We recommend that you attempt to resolve your compensation issues in the negotiation phase, before the property is the subject of a condemnation action before a special master. Our goal is to help you before the condemnation process begins. We can help you make an informed decision and help with negotiations before the case ever has to go before a special master. Please contact us with any questions in this regard.