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Tractor Talk Discussion Board

Re: right of way - power lines OT


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Posted by jdemaris on December 21, 2007 at 07:08:41 from (67.142.130.28):

In Reply to: right of way - power lines OT posted by Alafarmer on December 21, 2007 at 02:51:46:

I've had many confrontations with the power company and Verizon. Both have lines running through my properties, above and below ground.

In many cases, their policy is to bully people - and they often get away with it. I chained some of their equipment to a tree on my land awhile back. They - National Grid called the State Police and we had a little "show-down" and I won. A rep from the company made a cash payment to me - before I unhooked the chain.

It goes like this. You have to know the legal rights of both parties. You cannot assume anything - including what they may, or may not tell you. If there is an easement for those powerlines - it is in writing somewhere and you need to read it, word by word, carefully. It will be filed under the name of who ever owned the property at the time the easement was granted.

Historically, large power companies use to slip wording into such right-of-ways like "we retain the right to clear brush and trees that effect power line transmission - and that need shall be determined by us."
Such a statement is very open-ended and could be interpreted to give them permission to do anything, anywhere on your land.
Later easements - when property owners paid more attention - are often much more specific.
I have one now that grants the power company a 100 foot width of clearance for transmission lines. No vegetation of any kind is to be removed beyond that point without landowner permission. No vegetation within the right-of-way can be killed with chemicals, and - and brush that's been cut must be removed.


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