A Family’s Struggle Against Eminent Domain in Nolan County
In the small community of Maryneal, located in Nolan County, Texas, the Hale family is facing a difficult battle against a powerful utility company. Oncor Electric is attempting to use eminent domain to take a portion of their land to build a new substation. This situation has sparked a growing concern among many families across the United States who find themselves in similar circumstances.
Eminent domain is a legal process that allows the government to take private property for public use, provided that the owner receives fair compensation. This power is outlined in the Fifth Amendment of the U.S. Constitution. Historically, it has been used for projects like roads and schools, but it has also been applied to economic development and infrastructure, which has led to debates and state-level reforms.
The Hale family received a letter from Oncor Energy stating that they would use eminent domain to take 13 acres of their farm, which has been in the family for over 120 years. Kyle Hale, a member of the family, explained that this land is crucial for their cattle business. The area is used for grass finishing, a practice that is particularly important in West Texas where grass can be scarce during certain seasons.
“We actually grass finish, which out here in West Texas, it gets crazy anyway because you run out of grass a lot of years. We’ve had a lot of lean years. So, every blade of grass we can save, you know, we need it,” Hale shared.
The family has taken the matter to the Nolan County Courthouse in Sweetwater for a hearing with Oncor representatives. Jacob Lederle, the attorney for the Hale family, explained the process involved in such cases.
“An eminent domain process in Texas is really a two-pronged process. You have the special commissioners hearing, which we had today, and they determined the value that the companies would have to pay for taking these folks’ land. And after that, either side can appeal it, and we can go to a full jury trial,” Lederle explained.
Beyond the financial implications, the Hale family’s connection to the land runs deep. The property was where their son, Joshua, spent a significant amount of time visiting his great-grandmother. Joshua is now serving in the United States Navy, and after his great-grandmother’s passing, a home on the property was left to him as a “home port.” His parents, Kyle and Reica Hale, fear that their son may not be able to return to the home he once knew.
“It’s his home. I mean, that is his place of residence, and he’s not here to fight for it. So, we have to,” Reica shared.
The Hale family has tried to negotiate with Oncor to find an alternative location for the substation that would not disrupt their cattle business. However, they have found these efforts unsuccessful so far.
During the hearing, some numbers regarding compensation were discussed and set, but the family plans to appeal the eminent domain clause. Their goal is to move the substation to another section of their property or even choose an entirely different location.
Oncor Energy has not commented on the situation at this time. The case highlights the ongoing challenges faced by families when their land is taken for large-scale projects, raising questions about the balance between public interest and individual rights.
As the legal process continues, the Hale family remains determined to protect their legacy and the future of their business. Their story serves as a reminder of the personal impact that decisions made by powerful entities can have on everyday lives.
