Re: right of way - power lines OT

Posted by John T Country Lawyer on December 21, 2007 at 07:29:06 from (66.244.83.147):

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

Farmer, when an easement such as a utility ROW is in writing and has been recorded its precise language carries significant legal weight plus you can rest assured the utilitys legal staff probably covered everything excpet the kitchen sink when such was originally drafted. However that can still cut in your favor DEPENDING ON WHAT EXACTLY THE RECORDED EASEMENT SAYS.

Not having read the easement nor researched the laws specific to your jurisdiction, which is whats required to render a worthwhile professional legal opinion (and prior to that dont hang your hat on any lay or even professional unresearched opinions posted here) I will offer a few things for your consideration.

YOU BEST PLACE THE UTILITY ON NOTICE OF YOUR CONCERNS, POSITION AND DEMANDS beforeeeeeeeeeeeee THEY CUT THE TREES. Because once its done, it will be harder then ever to get any satisfaction. Notice can play a big part in litigation especially when your position and claims become known to the utilitys legal staff. If the recorded easement is specific as to what n where they have the right to clear you are in pretty good position should they go beyond their rights HOWEVER the easement language is critical and the next step a lawyer would have to do is research the case law to see what precedents have been established in your jurisdiction that are relevant to your specific situation AND THE EASEMENTS LANGUAGE. For instance I wouldnt be one bit surprised if the easement language drafted by the utility had some catch all phrases that lets them get by with exactly what they intend to do on your land THAT MAY WELL BE THE CASE so dont get your hopes up. Usually the utility has plenty of high powered attorneys on staff or retainer and rest assured THEY MOST LIKELY WOULDNT BE CUTTING WHAT THEY CANT GET BY WITH LEGALLY GRRRRRRRRRRRRRRRRRR

NOWWWWWW say your attorneys research discovered similar situations where the utility did what you put them on notice of protest against anD thE landowner was awarded damages AND MORE IMPORTANT if when you notified them you cited them that case or related statute NOW THAT WOULD REALLYYYYYYYY GET THE ATTENTION OF THEIR LEGAL STAFF BELIEVE MEEEEEEEEEEEE.

Finally my best free legal advice for the present UNTIL YOU SEEK LOCAL QUALIFIED COUNSEL who can research the issue and read the easement is that IT DONT HURT YOU ONE BIT AND MAY EVEN HELP if you go ahead and place them on notice of your concerns and demands....... This doesnt require hiring an attorney and no more then the cost of a certified US mail letter with return receipt (green card) requested. Such gets more attention then a non certified letter and it may even reach their legal staff before it hits the trash can lol

Again, knowing the utility who drafted the easement and how their attorneys operate they usually dont go out n do things that cant get by with (even if to a lay person it dont sound legal) butttttttttttt theres no harm n it may even help you by your protests BEFORE they cut the trees cuz once its done it may cost more in legal fees to fight then its worth, which is yet one more thing in their favor grrrrrrrrrrr

Best wishes, consult a local attorney

John T Attorney in Indiana

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