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Power Lines, Landlords, Utilities, and the Power of Eminent Domain

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In the old days, railroad agents had a responsibility to buy land from Native Americans for rights of way on which they could build their tracks. One story tells of a rather cunning boss who understood the situation well. This Chief was approached by a railway agent who offered to buy a particularly poor piece of land:

Buy my land? . . . Sure, sell me for $50,000, said the Chief.

$50,000! Why is that land not good for sowing or for grazing. It just doesn’t do any good! the agent exclaimed.

The Chief grunted, It’s good for the railway. [i]

While this anecdote may seem silly, Kimble County landowners can draw two important lessons: The first of these lessons is that, like the railroad, the LCRA power transmission lines are likely going through Kimble County, whether we like it or not. While we are only talking about easements and we need not fear the complete divestment of our property rights that Native Americans went through, a taking is a taking. Utilities like the LCRA have the immense power of eminent domain and eminent domain behind them.

Eminent Domain is a common law principle that is given statutory force at the level of the state legislature. Empowers government and quasi-government entities to take land from any US citizen for public use. The only real restrictions placed on this power are found in the Takings Clause of the 5th Amendment, which states that private property may not be taken for public use, without just compensation.[ii]

This article is not some kind of call to arms to support legislative reform. If that is a cause you intend to support, I suggest you take a look at the materials provided by the various land rights groups or other related organizations across the country.

Rather, what this article hopes to accomplish is to provide helpful tips and basic information to Kimble County landowners so they can better prepare for what lies ahead and hopefully get the best possible outcome.

This brings me to the second lesson we can learn from the wise Chief.

Owners must be aware and prepared to defend the value of their land. As a property owner, or the “big boss” of your land, can you just accept what the LCRA/railroad agent thinks the easement on your land is worth? Sure and indeed your life will be easier that way. However, your offer may not be what you think you’re entitled to and may be much less than you could receive with a little extra preparation.

Understand that eminent domain/consuming proceedings are adversarial in nature. This means that even if you may or may not ultimately be able to prevent the installation of the transmission line on your property, you certainly have a say in determining what your fair 5th Amendment compensation will be. Preparation is key, you will be dealing with a team of LCRA-trained professionals to meet a budget and timeline. Your rights and compensation are NOT their priority.

It is clear that there is a lot of confusion among the public as to how eminent domain/consuming actions actually work and how they are going to occur. Familiarizing yourself with the progression will allow you to make better decisions when the time comes. The following five steps are a drastically abbreviated timeline of how a normal eminent domain/consuming matter is likely to proceed.

1: If it hasn’t already happened, the LCRA will contact you and ask for your permission to inspect, measure, and appraise your property.

2: An LCRA representative presents you with an appraisal of your property and makes you an offer.

3: This offer is time sensitive and must be accepted within a specific time frame. If you don’t respond or reject the offer outright, the LCRA will likely file a condemnation lawsuit against you.

4: Once this happens, the Court selects three special commissioners to conduct a hearing on the matter. The special commissioners will be disinterested property owners residing in Kimble County. At this hearing, you can present evidence to the panel in support of your valuation, question the LCRA appraisers, and generally explain to them why the LCRA valuation is too low. Once the presentation of evidence is concluded, the Commissioners make a determination of value and make that figure their “special award”.

5: This “special prize” is not the end of the game unless you are satisfied with it. If you are not satisfied with the commissioners’ award, you have a short period of time in which you can object and appeal. In this new trial, both sides start over and the case proceeds as if the commissioners’ hearing never happened. You will be able to choose whether a judge or a jury decides your case.

As you can see, it’s really all about money. The steps I have outlined are your chances to have a say in how much you will receive. Essentially, you have three main options: reach a negotiated settlement with the LCRA, accept the award from the special commissioners, or have a judge or jury decide how much you should receive.

Not make mistakes; Property valuation can be very complicated in the context of eminent domain. Perhaps you have sold a property in the past; perhaps you even contested the tax assessment of your own home. The appraisals and appraisals in these situations are very simple calculations compared to those made in the matter of expropriation. Property valuation evidence in condemnation proceedings must comply with and reflect a body of condemnation laws crafted over decades in the Texas appellate courts. It would be wise to seek professional help early in the game.

Fundamentally, when valuing easements in the context of the transmission line, we are actually talking about devaluation. How much less is my property worth now that there are power lines running through it, and that amount of depreciation is also how much money I could be compensated with and be happy? To set the tone, throw out some real numbers, and give you a general idea of ​​what kind of devaluation I’m talking about, consider the following:

In 1997, the LCRA commissioned a study to find out how much its power transmission lines affected the property values ​​they cross.[iii] The geographic area studied was around Georgetown, Texas. This study was completed by an appraiser that the LCRA had contracted to do all of the appraisal work on an easement acquisition project very similar to the one proposed for Kimble County. The only difference is that this study was done for a much smaller 138 Kv transmission line than the 345 Kv double circuit lattice tower we face today.

In this study, conducted by an appraiser paid by the LCRA, an undeniable depreciation was found. It concluded that a transmission line easement has less than a 10% price impact and, in most cases, less than a 5% price impact.[v] It is important to note that this is a possible 10% overall impact on the price of the entire property.[vi] Simply put, if you owned a specific piece of land around Georgetown around the millennium, the LCRA converted your $500,000.00 property to a $450,000.00 property. – Property of $475,000.00.

For the land directly below and near the line, the study concluded:

“It is concluded that the area located within an electric transmission line easement has a 90% decrease in value due to the presence of the easement. [and] [i]It is concluded that a 200 foot wide area adjoining the proposed easement has some diminished value. The extent of the diminished value may depend on several factors that would include the location of the easement in relation to the entire section and the physical characteristics of the remainder.[vii]

This is, of course, data from ten years ago from a single source that only considers strict real estate values. Also, this study was done for much smaller transmission lines; and should be considered only as a point of reference.

Much has changed since 1997, but my opinion is that it has changed in favor of the landowner rather than the LCRA. To arrive at a fairer devaluation figure, one

Tours Travel

Selling is Human by Daniel H Pink – Server Selling – Make it Personal and Purposeful

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Daniel H. Pink is the author of the new book, “Selling Is Human: The Surprising Truth About Moving Others.” Pink wrote the best sellers, “Drive” and “A Whole New Mind.”

Pink declares that it’s time to forget the old ABC’s of sales (“Always be closing”) and embrace the new ABC’s: Tune, Buoyancy, and Clarity. The new ABC’s tell you how to be. Perfecting your pitch, learning to improvise and serving will show you what to do.

Servant leadership is a popular concept, and now Pink is introducing servant selling to help you move others.

Selling and not selling are ultimately about service that beats perfunctory customer greetings in stores or thirty-minute pizza delivery, though both are important.

It is a broader, deeper and more transcendent definition of service that improves the lives of others and the world. Many people can achieve something bigger and more lasting than simply exchanging resources; and it is likely to happen if we apply two key concepts: make it personal and make it useful.

1. Make it personal. Radiologists lead solitary professional lives, often sitting alone in dimly lit rooms or hunched over computers reading X-rays, CT scans and MRIs. Isolation can dull your interest in work and ultimately lower your performance when it feels impersonal and mechanical.

Three hundred patients consented to a study that allowed their photo to accompany their CT scan. Radiologists who viewed the CT scans with an image of the face reported feeling more empathy toward those patients and being more thorough in reviewing the CT scan.

Outstanding radiologists can identify “incidental findings”; abnormalities on a scan that the doctor was not looking for and that are not related to the condition being treated.

Three months later, the researchers resubmitted eighty-one CT scans to the radiologists who had discovered incidental findings; this time, however, without photos of patient faces (the radiologists did not realize that they had already seen the same scan due to the volume of scans they read daily).

Results showed that 80 percent of incidental finds went unreported when photos were removed from files.

The study showed that, for healthcare professionals, resolute trust in processes and algorithms that obscure the human on the other side of a transaction is akin to clinical error.

Every time we try to move others, it involves another human being; however, often, in the name of professionalism, we neglect the human element and adopt an abstract and distant posture.

The value of making it personal when serving others is two-sided. First, you recognize the person as a human being. Second, you personally get behind whatever it is you’re trying to sell.

Pink describes her dining experience at a well-known Italian restaurant in Washington, DC While waiting in the lobby, she noticed a photo of the store owner along with his cell phone number; inviting customers to call you directly with feedback on the service. She communicated with a person behind the restaurant who cares about the happiness of her customers.

“A lot of us like to say, ‘I’m responsible,’ or ‘I care,'” says Pink. “Few of us are so deeply committed to serving others that we’re willing to say, ‘Call my cell phone.'”

two. Do it with purpose. Hospitals are ripe for infection and the best way for healthcare professionals to reduce its occurrence is to wash their hands. Surprisingly, the frequency of handwashing among US hospital staff is low.

The researchers experimented with hospital staff and provided three different approaches to the non-sales handwashing challenge.

They received permission to post signs next to the hospital’s soap and hand sanitizer dispensers for two weeks. A third of the signs appealed to the personal interest of health professionals: “Hand hygiene protects you from disease.”

A third of the signage emphasized the consequences for the patient: “Hand hygiene prevents patients from getting sick.”

The final third used a catchy catchphrase and served as a control: “Gel In, Gel Out.”

The results showed that the most effective sign was the second, which appealed to the purpose (to protect patients).

Pink says emphasizing purpose is powerful, but it’s often overlooked when we’re trying to move others. We often assume that human beings are primarily motivated by self-interest. However, research shows that we also do things for prosocial or self-transcendent reasons.

We should not only be serving, but also tap into others’ innate desire to serve. Making it personal works best when we also make it useful.

Servant leadership is a popular practice based on the premise that leaders subordinate themselves to followers. Many companies adopt the practice, including Starbucks and Southwest Airlines.

Pink says it’s time to sell servants; based on serve first, then sell. To move others today, it’s important to ask if the person you’re selling to is okay with buying; will it improve your life? When their interaction concludes, will the world be a better place than when it began?

On New Year’s Day, author Dan Pink hosted an exclusive webinar for first responders on “Selling Is Human.” He endorsed the next book, Give and Take, by Adam Grant. The book highlights givers, takers, and matchers. Donors are by far the most successful. Grant is the youngest tenured professor and the highest-rated professor at the Wharton School of Business. “Give and Take” will be released on April 9, 2013. For more information, please visit: http://www.giveandtake.com/

Technology

What is a Roth IRA?

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Times have become more uncertain and the financial state of our economy is becoming more unstable, forcing investors to look for alternative ways to secure their future. Most people have resorted to investing in gold. Although the investment is complicated and risky, it offers better returns compared to any other investment. Also, by investing in gold, people can diversify their portfolio.

The Roth IRA is a tax-free individual retirement account. Once you invest in this type of account, you will not have to deduct contributions. Unlike a traditional IRA, a Roth IRA does not allow you to make withdrawals. In addition, it allows you to continue contributing even after the age of 70. Financing is possible in different ways; it can be through contributions, transfers, or even rollovers from existing Roth IRAs. Like any IRA rule, the precious metals that are stored in the Roth IRA remain in the custody of the IRA custodian.

Advantage

Compared to other retirement accounts, the Roth IRA has the clear advantage of offering low contribution limits. People under 50 can contribute $5,500 annually, while those over 50 have the option to add $1,000. However, if you make a withdrawal before the stipulated time, you will incur a 10% penalty. In addition, a 6% fine is imposed for all income contributed in excess of the annual limit. Some of the top-rated Gold IRA companies include Regal Assets, Advantage Gold, Lexi Capital, Cornerstone Bullion, and Monex. The company with the highest Gold IRA reviews is Regal Assets.

investment

One cannot invest in physical gold bullion using a standard Roth IRA. The easiest way to invest in gold through an IRA is by buying shares in gold mining companies or by buying a mutual fund that has mining companies. This is known as buying ‘paper gold’. Other ways to indirectly invest in gold include the use of gold ETFs (GLDs) and mining ETFs. When investing in ‘paper gold’ stocks, there are many options to choose from. Gold indices like the BUGS Index (HUI) and also the Gold Miners Index (GDX) contain a list of companies that can be invested in. Investing in gold stocks is riskier compared to physical gold due to the rapid rise and fall in prices. In addition, gold stocks also have regulatory risk, production cost risk, management risk, and flat currency risk.

One can use the self-directed Roth IRA to invest in US gold coins. This can only be done in increments of one, half, quarter, or even a tenth of an ounce. You can also invest using one ounce silver coins that have been specifically minted by the United States Department of the Treasury. Silver and gold bullion can also be used, although they must meet the requirements stipulated by the IRS. In order for one to store gold and silver coins, the coins must be very pure. In addition, they should have an actual monetary value greater than that allowed by the collection value. Coins or bullion that have not been allowed by the Internal Revenue Code are considered collectibles and therefore are not allowed in a Roth IRA.

Gold IRAs can be traditional or Roth IRAs. In Gold IRA, the gold must be physical, that is, you must invest in real gold. As you are investing in physical gold, the gold must be stored in a secure facility and therefore you are expected to pay storage fees. Precious metals are stored in traditional vaults or any other vault that has a top-notch security system. When you want to collect your investment in gold, specific rules must be followed for the latter. Due to the strict nature of these rules, you may be required to pay a seller fee that includes tax.

Precious metals that can be stored

The Roth IRA is very specific to the type of precious metals that can be stored. Precious metals that are permitted include silver, gold, platinum, American Eagle coins, a coin that has been issued under the laws of any state, and gold, silver, platinum or palladium bullion that meets the required fineness requirements. Suitability requirements dictate that gold must be 9950 pure, silver must be 9990 pure, and both platinum and palladium must be 9995 pure. Bullion coins must be uncirculated and in excellent condition and proof coins must be ungraded and complete with certificate of authenticity. Any precious metal that does not meet these requirements cannot be stored in the account. Some of the products that cannot be stored include pre-1993 gold, 90% US silver, and the gold Krugerrand.

This is a great investment to make as it allows investors to put money after taxes into the IRA. Upon retirement, the investor can start making withdrawals from the account without fear of paying taxes, as long as the account has been open for a minimum period of five years.

To execute a rollover or transfer from an existing IRA to a self-directed precious metals IRA, a self-directed custodian is required to help you complete the process. The length of time it takes for the transfer to occur depends on the custodian.

It’s worth noting that a gold-backed Roth IRA gives you the privilege of investing in other precious metals like palladium. In addition, it also gives you the opportunity to make investments in other assets and commodities, such as stocks and real estate.

Investing in a Roth IRA offers many advantages to the common investor and is therefore a safe way to invest for retirement. It has certain restrictions just like the other precious metals IRA accounts. Thesis