Boerschig v. Rio Grande Electric Cooperative: Texas Supreme Court Reverses Jury Verdict in Landmark Eminent Domain Easement Case

About the Boerschig v. Rio Grande Electric Cooperative Case

In late May 2026, the Texas Supreme Court reversed a jury verdict in favor of the Rio Grande Electric Cooperative in a long-running legal dispute over an old electric line crossing a South Texas ranch.

In 2002, John Boerschig purchased the 6,397-acre U-Bar Ranch. A 1.6-mile electric line already ran on the property, which was built in 1947 by Rio Grande Electric. Boerschig couldn’t locate a recorded easement for it, and Rio Grande Electric had been relying on an unrecorded document from a prior owner that was never filed in county records.

In 2012, Rio Grande Electric notified Boerschig of plans to upgrade the line, which would involve removing the existing poles and installing more, taller poles. Despite pushback from Boerschig, Rio Grande Electric built the line anyway, which led the property owner to sue.

At the trial court, the jury sided with Rio Grande Electric, finding that the company had an easement by estoppel – this gave Rio Grande Electric the right to expand its existing line. Boerschig appealed, and the San Antonio Court of Appeals affirmed the jury verdict against him. Boerschig then appealed to the Texas Supreme Court.

Building an Argument for the Texas Supreme Court

While the case was pending at the Texas Supreme Court, Barron, Adler, Clough & Oddo attorneys Nicholas Laurent and Blaire Knox wrote an amicus brief on behalf of the Texas Land & Mineral Owners Association (TMLA) in support of the landowner. They argued that Rio Grande Electric had not established an easement by estoppel and that Rio Grande Electric did not have the right to upgrade the existing line based on “existing Texas case law, the facts of the case, principles of equity and as a matter of public policy.” The TLMA argued that landowners should be protected from unreasonable and unforeseen impacts of documents that were never publicly filed or recorded. The TLMA argued that Rio Grande Electric could have condemned a new easement that would explicitly allow it to build its upgraded line, but chose not to. 

Texas Supreme Court Ruled the Utility Line Can Stay But the Upgrade Must Go

In May 2026, the Texas Supreme Court reversed the Court of Appeals and the trial court’s judgment. Although Rio Grande Electric can keep its line on the property because it has operated it for decades and the current landowner knew the line was there when he bought the ranch, the Texas Supreme Court determined that the upgrade exceeded the easement rights that Rio Grade Electric possessed under its existing easement. The Texas Supreme Court ultimately ruled that Rio Grande Electric can keep its original line, but the upgraded line was impermissible.

The trial court now needs to figure out the next steps – either remove the upgraded line, reinstall the original line or condemn the private property to acquire a new easement.

Why the Boerschig Case Matters for Texas Landowners Fighting Utility Companies

This case is a meaningful win for Texas landowners. Utility companies have electric lines and other infrastructure crossing millions of acres of private property throughout the state, often backed by old, vague or missing paperwork. This ruling sends a clear message: a long history of use doesn’t give a utility company a blank check to do whatever it wants on private land. For Boerschig, it took over 10 years and a trip to the state’s highest Court, but he got a ruling that defines the limits on what utility companies can do when seeking new lines or upgrades.

The bottom line is that outdated or blanket easements without explicit provisions may not always protect utility companies when seeking to expand or change infrastructure on private land. Landowners have more power in these fights than they might think.

If your land may be impacted by an electrical line or other type of utility line easement, contact Barron, Adler, Clough & Oddo, PLLC to discuss your case with an experienced eminent domain and condemnation attorney today.