Re: right of way - power lines OT

Posted by jdemaris on December 21, 2007 at 11:57:16 from (67.142.130.26):

In Reply to: Re: right of way - power lines OT posted by Billy NY on December 21, 2007 at 10:14:01:

In regard to "I think one of the most important aspects of a situation like this, is to get involved and stay involved"

That certainly is a good idea that still doesn't work all the time.

Here is one example here in Otsego County New York - happened last year. I'll try to be brief.

I have a 100 acre parcel out back with a 75 foot wide strip cutting through that National Grid owns - it is NOT an easement. It has direct access to two town roads and carries high-voltage transmission lines.

They came to my house and asked permission to build a "temporary" one-time use road through one of my fields and woods to makes things easier on an update they wanted to do. I refused at first, and told them to use their own, already existing access. They said their job would be much easier if they used my land for access instead.

After some serious discussion - I showed them a logging path I had been using. It's a spot I had personally planned on improving someday. I told them, that if they wanted to improve that path, put in proper drainage and gravel, and gate it - I'd let them build it - and we came to agreement. No trees needed to be removed, just some
trimming.
I also made it absolutely clear - that when the time came for construction to start - to call me and I'd walk them through one more time to make sure they got it all right. I also took the time to flag the road the entire length.

A few weeks later, I heard some engines running far off in the woods. I own several parcels and the proposed road area is pretty far from my home. I went in to look - and found many trees cut down, a new road half-way pushed through - about 50 to 100 feet from the proposed logging path. The guys doing the work were Alsplundh - and a French Canadian company with a few guys that did not speak English.
I made them leave with their stuff - except for one crawler-crane machine that had been rolled in one of my fields - making a mess and also spilling oil.
I chained that machine to a tree. I ordered everybody off my property. Later that day, National Grid sent their security people to my house and threatened me (verabally). I told them to leave also, and they then called the New York State Police. When the police arrived - I showed them my deeds proving ownership - and the power company guys had nothing to show. The cops said this was a civil matter - not criminal - and they were not getting involved - and left.
I could go on and on, there's much more to it. I demanded a cash payment for damage - and got it before the chain came off. A hazmat team had to come for an oil spill clean up.
After all was done - still with a new road in the wrong place - the power company came back, installed a gate with their own lock on it - on my property. I called them and told them I was going to cut it off - and they again threatened me and I did it anyway. I cut it off, put my own lock on , and it's been there ever since.

One added note. A short time later - deer season opened and one morning I found a couple of guys with four-wheelers and a National Grid key - trying to open my gate. The key did not fit - obviously and I threw them out.

Many months later, a guy knocked on my door who is paid by the same power company to inspect the lines via ATV. He was a sub-contractor and a nice guy. I told him the story - and then, let him in since he had asked permission. He later gave me a bunch of "freebie" gifts, e.g. a couple coils of new rope, a carton of electrical tape, six pairs of work gloves, and a carton of saftey-sunglasses. All as a good-will gesture - and all was well accepted. He can come back, anytime.

At this moment, Verizon is threatening to sue me. That because I clipped an underground phone line that was buried 12" deep in the middle of one of my cornfields - and not marked. They too, have tried several times to bully me via a subcontrator. They first asked me to pay over $3000 for the repairs - and I refused. When it had happened, I got out my own backhoe and helped them fix it with my labor, fuel, and time. They later billed me for backhoe service - believe it or not. I turned around and sent them a bill.
I don't know when this will all end. I am covered by my farm and home insurance policy - but the company's adjuster has agreed with me - that I (nor the company) is liable - so we'll see what happens.
One note to anyone who digs and hits and underground cable. Read the law and statue carefully. It usually only applies to third-party contractors - and NOT homeowners. It also, does NOT apply to farm tractors with plows or farmers doing farm-related work.

Replies:

• Re: right of way - power lines OT Billy NY 17:11:38 12/21/07 (0)

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