Takings in the Context of Telecommunications and Electric Utility Restructuring in Texas

This article explores selected takings issues arising from electric and telecommunications restructuring in Texas. First, it summarizes relevant takings law, differentiating between types of takings, explaining each element of a taking, and explaining how just compensation is determined. Next, it covers Texas utility restructuring issues including: use of a private property to facilitate competitive access to customers, incumbent recovery of stranded costs, imposing price restrictions and service obligations on competitive firms, and public disclosure of trade secrets. Lastly, it concludes by restating the future intersections between regulating agencies and takings claims.