Excellent summary, counselor. My only disagreement is with the assertion that Duke must compensate for any damages or return the land to its former condition. If it is a true easement, Duke can build roads, etc. so long as those activities are consistent with and in furtherance of the purpose of the easement. In Ellis' case, I think they could build an all-weather road through the hummocks on the easement property for access to their towers, without compensation to Ellis. Ellis could continue to make hay on the portion of the easement that was still suitable for such.
Lots of Christmas trees are grown in my area of SW Washington, and many are grown under power lines or on airport property, because they never get tall enough to interfere with the activities overhead. Most easements now are written such that Christmas trees are authorized, but subject to removal if they reach a certain height- 12 to 15 feet is normal. If they get that tall, they've generally been abandoned.
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