Re: O/T Underground Cable

Posted by jdemaris on March 22, 2007 at 07:38:50 from (66.218.12.237):

In Reply to: Re: O/T Underground Cable posted by mike a. tenn. on March 22, 2007 at 06:27:56:

I haven't assumed it's over - but I hope so. I've well read on these matters - and my insurance company is NOW the one to contact if anything else comes up.
There's a long list of specications about burying the cables - and also a long list of requirements and exemptions - in regard to property owners when it comes to buried cable. It all depends a lot on how close to a public highway, what specific type of equipment was being used when the line was cut, etc.
They CANNOT hold a farmer repsonsible - ever - if a line is cut with a moldboard plow. But same farmer - can be held liable if using a subsoilier, ripper teeth, etc.
In regard to the rights that any of these utility companies have - it's can be argued on either end. On my property, there's is a myriad of "easements" held by the electric and phone companys - and also perpetual spring rights for property owners down-hill from me. Most utility easements occured in the 1940s and you have to read them very closely. One example. An Asplundh crew came here last year - to remove trees and brush where some 4800 volt trasmission lines cross my property. They tried to leave huge piles of brush - simplied windrowed. They then wanted to spray herbicides - telling me it was their "right" but - were asking me permission as a "courtesy." I had a herd of 60 goats in that field and did not want any of it poisoned. I read the small print of the "easement" and found that they were not allowed to interfere with my farming operations, and - they were required to remove all brush if requested. So, I requested and did NOT allow them to use chemicals.
I've found - that in many cases - the utility companies like to scare and bully people - it makes things easy for them and it usually works.
Two years ago - I chained a piece of equipment they were using to a tree on my land. It was a large crane on tracks. I did so, because . . . first, they'd rolled it over in my field and there was an oil spill. Second, they removed 20 of my maple trees without my permission. The men actually doing the work barely spoke English -since they were sub-contractors from Québec. The workers also made copies of some of my gate-keys, passed them out, and came back on the weekend with four-wheelers - doing a little deer hunting on my land - under the guise of "surveying lines." After I chained their machine to a tree, and changed the lock on my gate - they called the State Police. The police came here - I explained about the property damage - and the police told the utility people that the State Police have NO juristiction in this type of matter. It is NOT criminal - more of a civil matter. I then gave the Power Company Rep. a bill for damages - around $600 - plus they had to clean the oil spill and reseed my field. He said he'd try to get the Canadian contractors to pay later - but they needed their machine back NOW. I refused. Finally, the guy came back with a wad of hundred-dollar bills - cash - not even a check. The matter was settled. But - next time they ever ask to work on my land - I will make them post bond first.

Replies:

• Re: O/T Underground Cable in-too-deep 08:42:31 03/22/07 (1)
  • Re: O/T Underground Cable ALLEY-OOP 13:29:53 03/22/07 (0)

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