FORT WORTH, Texas (December 11, 2025) — Texas & Southwestern Cattle Raisers Association submitted an amicus brief supporting private property rights to the Texas Third Court of Appeals as they consider the pending case Lindley v. Concho Valley Electric Cooperative, Inc. The appeal follows the decision from the 51st Judicial District Court of Irion County, Texas finding that Concho Valley Electric Cooperative, Inc. holds valid easements for existing distribution lines on the Lindley Ranch.
The outcome of the appeal will determine if the district court’s decision appropriately balances public benefit and landowner rights. TSCRA’s amicus brief presents a case for upholding landowner rights and requiring just compensation when agreements are made.
“As Texas landowners, we rely on the certainty of long held private property rights in Texas, said Texas & Southwestern Cattle Raisers Association President Carl Ray Polk Jr. “As energy needs grow in Texas, those property rights must be respected and protected.”
Joining other landowner and agriculture groups, TSCRA encourages the court to uphold longstanding principles of private property rights in Texas and reverse the trial court’s decision ruling in favor of Concho Valley Electric Cooperative, Inc.
“Texas is the leading voice on a pure approach to property rights. Any effort to undermine landowners for the sake of growth is detrimental to agriculture,” Polk said. “Our members — Texas landowners and agricultural operators — rely on the certainty of the law to protect them, not open the door for entities to take private land.”
Background:
Concho Valley Electric Cooperative, Inc. (CVEC) has maintained electric distribution lines on the Lindley Ranch for more than 70 years. CVEC reports that its lines cross over 1,200 acres of the ranch. Historical records from 1949 show early dealings between CVEC and the Lindley family, but it is not clear whether a formal written easement was created at that time. In the decades that followed, CVEC continued operating its lines on the property, and no updated written easements were added to the documentation between the parties.
CVEC later filed a lawsuit seeking to confirm its right to continue using the land for its electric lines. The cooperative pursued several legal theories to establish these rights, including express easement, prescriptive easement and easement by estoppel.
In 2024, the 51st Judicial District Court of Irion County, Texas entered their final judgement in the case, granting summary judgment for CVEC. The court found that CVEC holds valid easements for all its existing distribution lines. The ruling did not define the specific scope or exact locations of the easements.
###