Re: power line right-of-way

Posted by Janicholson on May 14, 2020 at 07:44:45 from (24.240.46.228):

In Reply to: power line right-of-way posted by Ellis Kinney on May 14, 2020 at 07:01:04:

I and my family have many acres under R.O.W shared control. Including the loss of family homes, acres to interstates,and oil pipelines. My father has confronted construction leadership when permits were assumed, not signed. Literally millions of dollars of direct capital loss. I am on your side, but realistic with multiple experiences.

Pitch, below, is correct. That R.O.W. is theirs. The ownership and taxes are paid by you, but the agreement signed (even under Imminent Domain taking of property duress) still stands. A careful review of the documents (with a lawyer is best) will discover any repayment for crop loss, or other damage. If you put the gravel lane (shown in the photos) to gain access to the clear cut under the wires for what ever reason, you are gaining from the maintenance performed by the utility, and loosing that ground to production. (here I am playing the defense position in court, their position, not yours).

A strategy that interacts with the utility to determine timing of mowing, and your removal of crop ahead of that window. might be considered. The gate could only be considered necessary and reasonable if it were to contain animals, and then it would need to be unlocked (opinion) there would also have to be fencing that created that enclosure.

This is my best information based on my experience with 68 years of interface with ROWs. (I wa 4 when Standard Oil of Indiana built its pipeline through the farm. In the 1930s Western Union put underground tunnels asross the entire primary property.)I am not siding with the utility, I am relating to your statements honestly. Jim

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