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Re: right of way - power lines OT


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Posted by Billy NY on December 21, 2007 at 10:14:01 from (64.12.117.74):

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

We have a similar situation here, where the power company owns a 175'-0" wide section of land that bisects our property.

I concur with JD and John T, very important to be up front and early with dotting your I's and crossing your T's, especially with any correspondence, communication and or legal notification. County records and or wherever land records are maintained should provide you with the documents that contain the specifics of your rights and the power company's rights. By all means, like most situations similar to this, you must be compelled to get all the information and read it carefully, and as many times as needed or by legal counsel so you are fully aware of what the facts are. That in mind, you are now prepared at least, but I think it's also fair to say you would want to resolve any and all issues without getting into a dispute if at all possible.

Also fair to say you are dealing with a large corporate entity, with a legal staff, forestry and right of way department and so on. I can also state that they certainly prepared the documents to be clear about their rights here, although they admit openly I could have fought them on some things, it would only delay the process, and the inevitable. Even D.E.C., ( they were within a wetland buffer) was not to hard on them, and I could have probably thrown a wrench in the works in regards to the 150'-0" tower they erected, possibly with the towns zoning, direct sightline of my home etc. but that corporate wheel would eventually rolled through, these power lines represent large revenue to these companies, and was badly needed by the local college here R.P.I., a well renowned engineering school.

Recent events on the parcel already containing 115,000 volt and 30,000 volt circuits bisecting our place, included installation of an additional 30,000 volt circuit, new utility poles, adjacent to the older steel towers carrying the 115 lines, and 2 new 150'-0" high steel towers to cross our 20 acre pond. There was a substantial amount of work done and presence by various subcontractors of the power company. By virtue of the deed written when the land was sold many moons ago, I have to provide them access to their parcel, it's several hundred yards in, and land locked. In short, there was a lot of activity for several years, that was completed early last summer.

I think one of the most important aspects of a situation like this, is to get involved and stay involved, let all parties know that there is a landowner presence, and that their activities on site are being monitored by that landowner, who will report or make issue of any problems, conflicts, damages etc.

At our place I made sure to get to know each foreman from all the subcontractors, met with the right of way agent prior to the actual start of construction, during and at the close out of their work. The line crew, was a bit hasty, and a little rough around the edges, production was important to them more than anything else, but all were still quite professional, and everyone involved from beginning to end did a good job, without any problems at all, and to my benefit, I was afforded use of a backhoe on weekends for some 3 months, several hundred tons of crushed stone, clean fill, old western cedar poles left for my use, and some very respectable cooperation across the board, with only the minor inconvenience of a damaged culver pipe, some ruts and a sign post sheared off, all of which was replaced or improved, they installed 2 new gates with double posts each side to help control the tresspassing problem, and reviewed my safety concerns about the 115 lines being low, so forth and so on. The only reason it went like this was because I took an active role to maintain a presence, did try to assist and help them where possible, all the people at the power company were of good nature and of good faith, showing respect to the landowner, suprising as it may be. The Asplundh ( forestry and restoration crew) were absolutely the nicest people, from the initial clearing of brush and the restoration when they left. It was appreciated, yet I know not all will be so pleasant to deal with, do your part and stay involved at all times.


On the dimensions from center line of easement, I would demand that they provide reference points, meaning that they survey the parcel and have valid reference points to measure from. They do have the to right to clear any trees that endanger their lines here, it's probably a boiler plate clause in most of these kinds of agreements, but even here they did survey and I checked their dimensions, they might have cut a few trees I'd have liked to dispute but for the most part they stayed aligned with the measurements. According to the right of way agent, their towers and utility poles are set to a tolerance that closely resembles a monument, hard to believe but might be true, I'd have to see the section of the drawings for this circuit to confirm it here, but it's another way to reference a known point, I'd get them to survey it to be sure.


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