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This document does not provide legal advice, only pointers for you to do your own investigation.
● EKPC will initially offer you an amount that is likely lower — sometimes much lower — than it should be, based on a fair-market valuation of your property. Because each property is different and the impact of the powerline will differ, there is no way to predict how much additional payout a lawyer may be able to secure for you. Sometimes the increases are only in the 10%-30% range; other times they can be as high as 5x the original offer. “Lawyering up” increases the chances you will do well overall.
● There is no requirement for you to have legal representation when dealing with EKPC. But remember, they have a team of lawyers and land agents who are very good at getting what EKPC needs from landowners at the lowest cost to the power company.
OPTIONS FOR REPRESENTATION:
● Dallas & Turner (James “Ryan” Turner, Office: 859-630-0666 Cell: 859.630.5919) Ryan Turner has offices in Florence, KY and Prestonburg, KY, specializing in easement and eminent domain cases. He works on a contingency-fee basis. His fee includes the cost of the specialized “before/after appraisal” needed to support a larger payout from EKPC. His fee is taken as a portion of the increase he gets you, leaving EKPC’s original offer amount fully intact. If Ryan is able to settle the matter for you without a court case (which is what normally happens), his fee ranges from 20% to 30% of your payout increase. If a court appearance is necessary, the fee is 33%, and he represents you in court as part of that.
● Strobo Barkley (502-290-9751, strobobarkley.com … info@strobobarkley.com) Strobo Barkley is a legal firm based in Louisville that represents clients across the state on eminent domain issues related to utilities, as well as land use, conservation, and renewable energy. Strobo Barkley has represented clients against companies and agencies that include EKPC, Kentucky Utilities, Kentucky Transportation Cabinet, and other agencies and utilities related to transmission lines and pipelines. They have taken several cases to trial on the right to take, and will also work with appraisers to help ensure your property is properly valued. They will work with you to determine the best legal fee structure and payment options in your case.
● Stefan Bing & Gary Crabtree (London Office: 606.878.8888) Stefan Bing & Gary Crabtree work together on easement and eminent domain cases, with offices in London, KY and Lexington, KY. They work on a contingency-fee basis. Their fee is taken as a portion of the increase they get you, leaving your original offer from EKPC untouched. Their fee is one-third of your payout increase, and that covers court time, if necessary. They do not cover the cost of the specialized appraisal and certain other expenses — those will be added to your legal bill.
● Sever & Storey (614-360-2818 George@landownerattorneys.com … landownerattorneys.com) Sever & Storey is a national law firm that specializes in easement, eminent domain, and land condemnation cases. They work on a contingency basis: you pay no hourly fees, but instead pay them a percentage of any increase they achieve in your payout. (For instance, if EKPC offers you $100,000 but S&S negotiates them up to $400,000, S&S would take a percentage based on $300,000.) Finding the right appraiser (to help ensure your property is fairly valued) is part of their service.
Other:
There are other attorneys who could represent you, but make sure the attorney has experience in cases related to eminent domain, rights-of-way, easement contracts, and related property valuations. You may, of course, decide to negotiate with EKPC on your own.
Kentucky Resources Council (KRC) (502- 875-2428 … hello@kyrc.org … www.kyrc.org) KRC is an environmental law and advocacy organization that works to protect Kentucky’s natural resources and communities from pollution and environmental damage. Although KRC is not able to provide landowners with individual representation regarding EKPC’s purchase of easements for this project, KRC is looking at the environmental and water quality impacts of the project and EKPC’s compliance with the National Environmental Policy Act, the Endangered Species Act, and other laws. If you have information about endangered plants or animals on your property, potential impacts to water resources, or other environmental concerns, please reach out to them at https://www.kyrc.org/get-help.
DISCUSSION:
● If you hire legal representation, it will usually come down to one of two choices: (1) a per-hour attorney — and they get a LOT per hour; or (2) a contingency-fee attorney — and they take a LOT from the back end. Some firms may offer a mix of the two strategies. There is no right answer; you must talk to the attorneys and decide for yourself. In either case, it is VERY likely that having legal representation will increase your payout significantly, even after the lawyers are paid. A lawyer will also enable you to ensure a well written contract.
● There will be power in many targeted landowners having legal representation on the same matter. Even though the cases are separate, EKPC will know they face a more serious challenge and will negotiate in better faith. It is a good idea to discuss strategies with neighbors who receive (or may receive) easement offers.
● If you do sign on with an attorney…
o Make sure you understand the fee structure, amount, and calculation methodology.
o Make sure the representation agreement clearly states which ancillary costs (such as the specialized appraisal, filing fees, office costs, etc.) you will have to pay.
o For a contingency-fee representation agreement, make sure it’s stated in the agreement whether the firm will represent you within that same fee structure if the case ends up going to court.
● Property valuations for tax purposes should not be affected by the specialized appraisal.
OUR CONTACT INFO:
● Facebook: facebook.com/groups/thebighillline
● Web: thebighillline.com
● Email: StopTheBigHillLine@gmail.com
● Phone: 859-429-8811