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Re: power line right-of-way


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Posted by coshoo on May 14, 2020 at 10:03:47 from (63.231.25.162):

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

Is it a right of way or an easement? "Right of way" generally means they own that strip, and you have no right to use it. It's probably an easement, which means they have the right to use it for access to their towers, but you still own it and can use it so long as your use does not interfere with the intended use of the easement. So you could make hay on it, but you have no recourse if they knock down your hay.

Seems like many here don't get the physical layout. Looks like the first pic is looking down the easement, second shows your red gate beyond the edge of the easement, and third is a close-up of the gate showing your hayfield beyond. Bottom line is, they have no right to go beyond the red gate, for any reason. You can lock it if you want, and would probably want to put up a sign on the gate. If the terrain on the easement actually was too steep to be practical to use, they could go to court and condemn an easement along the edge of your hayfield for access (maybe 15 feet), but they'd have to pay you for it. But that terrain is pretty mild compared to some around here, so I don't think they'd get far in court.

2 things: Have you read the actual easement/right of way language? It should be referenced in your deed, or perhaps might be spelled out there. See what it actually says, and take it to a R/E lawyer if you don't understand it. Second, have you talked to the utility itself? (not just the flunkies they send out to the property). I was able to help solve many of these situations for clients, by just getting them together to figure out how the utility could get the access it needed at the least inconvenience for both parties. Looking at your situation, it strikes me that a good man with a D8 Cat could punch a road through those little hills on the easement in a day or so. But that would mess it up for your hay production, and you might just want to give them permission to go along the edge of your hayfield instead.

My farm had 3 towers on it, going diagonally across my property. The problem was that the field through which they would have to go was wet ground, and impassable to trucks and equipment except June through October. The first tower was in the middle of that field, so we agreed to limit access (except for emergencies) to those months. The other 2 towers would be accessible any time of the year, but only through parts of my place that were not on the easement itself. I agreed to allow that access, through gates and so on, and everybody was happy. The field guy made notes in his book, and they always called ahead when they planned to do anything, so I could be there to mind the gates, etc. But of course, that was a county Public Utility District, and they had a vested interest in keeping everybody happy. YRMV.


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