AR15.Com Archives
 LEGAL HELP! power line easment/clearcutting
BustinCaps  [Team Member]
4/25/2005 12:21:04 PM
I bring this before the hallowed all-knowing hive mind of ARFCOM for your consideration.

My uncle and his neighbor live underneath high tension lines. These lines run over the front yard of each property. The power company (first energy) in it's new quest to prevent destoying the power grids of the eastern US again has announced they will be clear-cutting all trees from the easment extending 30ft. from the edge of the lines. They came and marked the trees to be removed and are taking everything six feet from the front doors. I mean everything, they have marked 10 ft. pine trees.

After contacting first energy, my uncle was told that they understood his pain and would graciously grind the stumps, but leave the grindings. Keep in mind this covers 75% of their property. They will lose a massive amount of property value.

I was just wondering what any lawyers, etc. out their have to say about this, and if anything could be done to delay, prevent, or allow for more appropriate compensation.
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shootemup  [Member]
4/25/2005 12:23:40 PM

Originally Posted By BustinCaps:
I bring this before the hallowed all-knowing hive mind of ARFCOM for your consideration.

My uncle and his neighbor live underneath high tension lines. These lines run over the front yard of each property. The power company (first energy) in it's new quest to prevent destoying the power grids of the eastern US again has announced they will be clear-cutting all trees from the easment extending 30ft. from the edge of the lines. They came and marked the trees to be removed and are taking everything six feet from the front doors. I mean everything, they have marked 10 ft. pine trees.

After contacting first energy, my uncle was told that they understood his pain and would graciously grind the stumps, but leave the grindings. Keep in mind this covers 75% of their property. They will lose a massive amount of property value.

I was just wondering what any lawyers, etc. out their have to say about this, and if anything could be done to delay, prevent, or allow for more appropriate compensation.



Good luck. it's sorta like eminent domain. Don't try to resist.
arowneragain  [Team Member]
4/25/2005 12:28:15 PM

Originally Posted By shootemup:

Originally Posted By BustinCaps:
I bring this before the hallowed all-knowing hive mind of ARFCOM for your consideration.

My uncle and his neighbor live underneath high tension lines. These lines run over the front yard of each property. The power company (first energy) in it's new quest to prevent destoying the power grids of the eastern US again has announced they will be clear-cutting all trees from the easment extending 30ft. from the edge of the lines. They came and marked the trees to be removed and are taking everything six feet from the front doors. I mean everything, they have marked 10 ft. pine trees.

After contacting first energy, my uncle was told that they understood his pain and would graciously grind the stumps, but leave the grindings. Keep in mind this covers 75% of their property. They will lose a massive amount of property value.

I was just wondering what any lawyers, etc. out their have to say about this, and if anything could be done to delay, prevent, or allow for more appropriate compensation.



Good luck. it's sorta like eminent domain. Don't try to resist.



+1.

BustinCaps  [Team Member]
4/25/2005 12:29:40 PM
Fortunately the founding fathers didn't say that.
quijanos  [Team Member]
4/25/2005 12:30:46 PM
easement is an easement

they own it

diplomatic piracey of private land
arowneragain  [Team Member]
4/25/2005 12:31:31 PM

Originally Posted By BustinCaps:
Fortunately the founding fathers didn't say that.



You have something against electricity?

VTHOKIESHOOTER  [Team Member]
4/25/2005 12:34:58 PM

Originally Posted By arowneragain:

Originally Posted By shootemup:

Originally Posted By BustinCaps:
I bring this before the hallowed all-knowing hive mind of ARFCOM for your consideration.

My uncle and his neighbor live underneath high tension lines. These lines run over the front yard of each property. The power company (first energy) in it's new quest to prevent destoying the power grids of the eastern US again has announced they will be clear-cutting all trees from the easment extending 30ft. from the edge of the lines. They came and marked the trees to be removed and are taking everything six feet from the front doors. I mean everything, they have marked 10 ft. pine trees.

After contacting first energy, my uncle was told that they understood his pain and would graciously grind the stumps, but leave the grindings. Keep in mind this covers 75% of their property. They will lose a massive amount of property value.

I was just wondering what any lawyers, etc. out their have to say about this, and if anything could be done to delay, prevent, or allow for more appropriate compensation.



Good luck. it's sorta like eminent domain. Don't try to resist.



+1.


Not much you can do, but if I understand you correctly, they are cutting trees OUTSIDE of the r/w? If so, you should be paid something for the value of those trees removed. 10ft tall pine trees aren't work jack, but if there are others then they should cut you a check.
arowneragain  [Team Member]
4/25/2005 12:37:50 PM

Originally Posted By VTHOKIESHOOTER:

Originally Posted By arowneragain:

Originally Posted By shootemup:

Originally Posted By BustinCaps:
I bring this before the hallowed all-knowing hive mind of ARFCOM for your consideration.

My uncle and his neighbor live underneath high tension lines. These lines run over the front yard of each property. The power company (first energy) in it's new quest to prevent destoying the power grids of the eastern US again has announced they will be clear-cutting all trees from the easment extending 30ft. from the edge of the lines. They came and marked the trees to be removed and are taking everything six feet from the front doors. I mean everything, they have marked 10 ft. pine trees.

After contacting first energy, my uncle was told that they understood his pain and would graciously grind the stumps, but leave the grindings. Keep in mind this covers 75% of their property. They will lose a massive amount of property value.

I was just wondering what any lawyers, etc. out their have to say about this, and if anything could be done to delay, prevent, or allow for more appropriate compensation.



Good luck. it's sorta like eminent domain. Don't try to resist.



+1.


Not much you can do, but if I understand you correctly, they are cutting trees OUTSIDE of the r/w? If so, you should be paid something for the value of those trees removed. 10ft tall pine trees aren't work jack, but if there are others then they should cut you a check.



If I read it correctly, they have an easement,and they're clearing it.




Note to self: never count on trees within power-line ROW as property-value enhancers......
BustinCaps  [Team Member]
4/25/2005 12:40:21 PM

Originally Posted By VTHOKIESHOOTER:

Originally Posted By arowneragain:

Originally Posted By shootemup:

Originally Posted By BustinCaps:
I bring this before the hallowed all-knowing hive mind of ARFCOM for your consideration.

My uncle and his neighbor live underneath high tension lines. These lines run over the front yard of each property. The power company (first energy) in it's new quest to prevent destoying the power grids of the eastern US again has announced they will be clear-cutting all trees from the easment extending 30ft. from the edge of the lines. They came and marked the trees to be removed and are taking everything six feet from the front doors. I mean everything, they have marked 10 ft. pine trees.

After contacting first energy, my uncle was told that they understood his pain and would graciously grind the stumps, but leave the grindings. Keep in mind this covers 75% of their property. They will lose a massive amount of property value.

I was just wondering what any lawyers, etc. out their have to say about this, and if anything could be done to delay, prevent, or allow for more appropriate compensation.



Good luck. it's sorta like eminent domain. Don't try to resist.



+1.


Not much you can do, but if I understand you correctly, they are cutting trees OUTSIDE of the r/w? If so, you should be paid something for the value of those trees removed. 10ft tall pine trees aren't work jack, but if there are others then they should cut you a check.




I understand that there is most likely nothing that can be done. It just sucks that the easement ends 6ft from the front door. and for power lines that are extremely high, I can't believe some of the things they marked will ever grow within even a marginally close range.

P.S. ARowneragain, I have nothing against electricity. Just think they should do a little more than demolish the property with no attempt to tidy it up a bit. I am willing to bet if someone announced they were cutting down all the trees on your property you would probably have something to say about it.
VTHOKIESHOOTER  [Team Member]
4/25/2005 12:42:26 PM

Originally Posted By arowneragain:

Originally Posted By VTHOKIESHOOTER:

Originally Posted By arowneragain:

Originally Posted By shootemup:

Originally Posted By BustinCaps:
I bring this before the hallowed all-knowing hive mind of ARFCOM for your consideration.

My uncle and his neighbor live underneath high tension lines. These lines run over the front yard of each property. The power company (first energy) in it's new quest to prevent destoying the power grids of the eastern US again has announced they will be clear-cutting all trees from the easment extending 30ft. from the edge of the lines. They came and marked the trees to be removed and are taking everything six feet from the front doors. I mean everything, they have marked 10 ft. pine trees.

After contacting first energy, my uncle was told that they understood his pain and would graciously grind the stumps, but leave the grindings. Keep in mind this covers 75% of their property. They will lose a massive amount of property value.

I was just wondering what any lawyers, etc. out their have to say about this, and if anything could be done to delay, prevent, or allow for more appropriate compensation.



Good luck. it's sorta like eminent domain. Don't try to resist.



+1.


Not much you can do, but if I understand you correctly, they are cutting trees OUTSIDE of the r/w? If so, you should be paid something for the value of those trees removed. 10ft tall pine trees aren't work jack, but if there are others then they should cut you a check.



If I read it correctly, they have an easement,and they're clearing it.




Note to self: never count on trees within power-line ROW as property-value enhancers......



If those tree are within an already established easement then there is nothing he can do then. I have done 2 different r/w appraisal jobs. One was a 200 mile natural gas line the other a 176 mile 167k powerline. I watched both companies write good sized checks to landowners for the timber that I marked.

However, one one company gains an easement, look for others to try to use and extend the same easement. Powerline first, then gas line, then fiber optic lines.
KS_Physicist  [Member]
4/25/2005 12:52:54 PM
Yeah, look over the official documents (originals) on your property that show the easements. Make sure they're staying in the limits placed on the easement.

Sucks...

Jim
Defcon  [Team Member]
4/25/2005 12:53:00 PM
Never and I mean never, buy a piece of land with an easement though it. You will not win a battle and cannot win a battle.

I have seen more landowners and homeowners get burned on this gamble than I can remember.

Their easement, their trees, their dirt, their air, their will.
BustinCaps  [Team Member]
4/25/2005 12:56:24 PM

Originally Posted By Defcon:
Never and I mean never, buy a piece of land with an easement though it. You will not win a battle and cannot win a battle.

I have seen more landowners and homeowners get burned on this gamble than I can remember.

Their easement, their trees, their dirt, their air, their will.



Yea, I agree 100%

My uncle bought the property from my grandparents, who had the easement forced on them after they built. We advised him against buying it, but he persisted. I agree he has noone to blame but himself, just figured I would pose the question and see if anyone knew of any negotiating ideas that might help ease the sting.
rayra  [Member]
4/25/2005 1:37:55 PM

Originally Posted By arowneragain:
Note to self: never count on trees within power-line ROW as property-value enhancers......

+1

And another Note to self: NEVER BUY PROPERTY UNDER HIGH-POWER LINES.

/Garp
Grunteled  [Member]
4/25/2005 1:58:35 PM

Originally Posted By Defcon:
Never and I mean never, buy a piece of land with an easement though it. You will not win a battle and cannot win a battle.

I have seen more landowners and homeowners get burned on this gamble than I can remember.

Their easement land, their trees, their dirt, their air, their will.



Never seen a property owner win a fight period in recent times. If they want to build a strip mall on your front porch.... they will and the courts will stamp it through.
Ajax72  [Member]
4/25/2005 2:07:02 PM

Originally Posted By KS_Physicist:
Yeah, look over the official documents (originals) on your property that show the easements. Make sure they're staying in the limits placed on the easement.

Sucks...

Jim



The easment will probably be in writing and recorded with/in conjunction witht the deed(at least referenced to book and page). Usually utilities are able to obtain easments that grant them permission to maintain their lines and anything they want to do to do so is okay by the courts. If you are going to catch a break it will be through the wording of the easment or the lack of a written easment.

Sorry and good luck.
theliberating1  [Member]
4/25/2005 2:08:32 PM
never buy a home under or near hight tension wires? Sorry man... but your uncle is screwed.
Happyshooter  [Member]
4/25/2005 5:14:48 PM
Get a copy of the easement. If it legally says 30ft each side and clear cut, then they get to do it. Take the easement, and a few hundred bucks, and go see a good real estate attorney. He will read it and tell you what the power company gets to do legally. Make sure you go see the lawyer before they start cutting.

In my legal work I have seen companies mix up their legal rights and plan to cut (or cut) more then they are allowed.
NoVaGator  [Team Member]
4/25/2005 5:20:58 PM

Originally Posted By quijanos:
easement is an easement

they own it

diplomatic contractual piracy of private land



fixed

I'm sure his uncle was aware of the easement when he bought the property.
Big-Big1  [Member]
4/25/2005 5:28:50 PM
try to be nice to the guys that are in charge of the cutting I have seen them go out of there way to save a tree for a land owner that did not act like a dick to them.


Talk to the higher ups and ask if they can do something for you???

GOOD LUCK
BIG
Avtomat  [Team Member]
4/25/2005 5:50:38 PM

Originally Posted By shootemup:

Originally Posted By BustinCaps:
I bring this before the hallowed all-knowing hive mind of ARFCOM for your consideration.

My uncle and his neighbor live underneath high tension lines. These lines run over the front yard of each property. The power company (first energy) in it's new quest to prevent destoying the power grids of the eastern US again has announced they will be clear-cutting all trees from the easment extending 30ft. from the edge of the lines. They came and marked the trees to be removed and are taking everything six feet from the front doors. I mean everything, they have marked 10 ft. pine trees.

After contacting first energy, my uncle was told that they understood his pain and would graciously grind the stumps, but leave the grindings. Keep in mind this covers 75% of their property. They will lose a massive amount of property value.

I was just wondering what any lawyers, etc. out their have to say about this, and if anything could be done to delay, prevent, or allow for more appropriate compensation.



Good luck. it's sorta like eminent domain. Don't try to resist.

Actually, it appears to have absolutly nothing to do with eminent domain. Good try though.
KS_Physicist  [Member]
4/25/2005 6:58:39 PM

Originally Posted By Defcon:
Never and I mean never, buy a piece of land with an easement though it. You will not win a battle and cannot win a battle.

I have seen more landowners and homeowners get burned on this gamble than I can remember.

Their easement, their trees, their dirt, their air, their will.



Good luck with that! Almost all properties I've seen have some sort of easement. Street/sidewalk easement, utility easement, etc.

Jim
USMC88-93  [Member]
4/25/2005 7:10:42 PM
I have personaly destroyed (Not happily) many a tree, bush, expensive decks (both wood and cement), gardens, sheds and any number of other items placed by property owners in utility easments. Easment is easment many property owners do not understand the idea (Its MY Property most think) that they cannot build permanant structures or plant in an area zoned this way. Easment runs on, over, and under the ground and Ive seen many people loose thousands of dollars of property improvements just because they didnt place it three feet different.

The best course of action is to never buy a property until you check into all easment rights thru it and buy it only if you can live with them.
fxntime  [Member]
4/25/2005 7:29:16 PM
As someone who has worked for a public utility for almost 20 years, I can say this with reasonable certainty. They have the right to trim the trees and bushes that fall within the right of way. Most will try to work with you BUT you need to understand this, when the lines were put in there was probably a clear cut underneath the lines. If someone or nature planted trees and bushes under them it was after the line was put in. You would be surprised how many people do this without understanding that trees grow UP. It sucks, I had my trees cut at my house once and I unfortunately will probably have a beautiful blue spruce topped in a couple of years because it is getting pretty close to the lines. Not happy but I do like reliable electricity. Trees are the number 1 reason for outages FWIW.
1shott  [Team Member]
4/25/2005 7:39:10 PM
You will thank them if you ever get a bad ice storm.

I have a powerline easement on the south side of my house, no big deal, there are a few trees there, I have even asked the triming guys to cut them all down, they said Sorry, we are only going to trim them, damn....

Now the North, west and East side of my place are free game for me, I have most of my trees on the North side, no one can touch them, they do not over hang anyones property line and no easements there. Although I am considering cutting them all down, and going with a nice lawn instead.
pale_pony  [Team Member]
4/25/2005 7:46:06 PM
Some here would say that you just have to roll-over and piss on yourself because of "easements" and bullshi'ite spouted by your power company...

They are half right...

First, go to your county clerk's office and get a plat map of your property. It will show property lines and all utility easements and it will define the easements in feet from the utility. Anything within the registered plats easement belongs to the utility company and there is nothing you can do about it.

HOWEVER, UTILITY COMPANIES CAN AND DO LIE THEIR ASSES OFF WHEN THEY ARE TALKING TO YOU!!!

Do Not Take Their Word for where the easements are and how many feet they are!

We have had Asplundh AssClown Tree Trimmers come through our neighborhood working for PSO and lie to my face that "they can take anything they want to that's within 20 feet of a power line." and "you better not complain because we can take the whole damn tree if we want to..." Both are bald-faced lies and most people believe them.

I didn't believe them, and then I called my lawyer, and my trees are still fuggin' here!

Get a map of your land and show THEM where they can cut. And if they stray even an inch out of their boundaries, sue their asses off.


Electric company tree removal: A property owner's rights

THINGS HOMEOWNERS SHOULD KNOW WHEN AEP/PSO ENTERS YOUR YARD:
1. The homeowner owns land within easement, subject to utilities’ rights to use the easement for the delivery of services.
2. Within an easement, AEP/PSO has an obligation to act reasonably.
3. Within an easement, owner and AEP/PSO have an obligation to accommodate each other.
4. AEP/PSO have a right to access an easement to trim trees by traveling across owners land to get to the easement, but they shouldn’t injure your property when the cross or when they are working.
5. Outside the easement, the homeowner owns the land completely, and has a right to reasonably eject trespassers (including AEP/PSO). The homeowner has a right to be free from encroachment on her lands.
6. AEP/PSO’s representatives will tell you they can cut out to 15 or 20 feet or more from the power lines. This is a lie.
7. AEP/PSO does not have a property right that allows them to cut beyond their easement - most residential easements in Tulsa are 7.5 feet on a single property. (some are only 5.0 feet)

WHAT CAN YOU DO?
1. Know where your easement is and how big it is.
2. Take photos before, during and after the cutting. Videotape of them actually cutting is better and it reminds them that you are documenting their every move.
3. When you get a card indicating that AEP/PSO will cut your trees talk to the AEP/PSO forester about where your easement is and where your trees are.
4. Demand to be on site when the tree trimming is done. You have a right to be there.
5. Be firm – don’t let them cut outside the easement just because they want to.
6. If AEP/PSO persists, inform them you will call the police and press charges for criminal trespass.
7. If AEP/PSO still encroaches over your objections, do call the police, and call your lawyer.


WHAT ABOUT THE LOGS THAT LITTER MY YARD?
1. Ask AEP/PSO to clean up the litter they create.
2. If they don’t clean up, call your lawyer.



This was written by a local attorney who is well versed in suing power companies and winning!
JoeWang  [Team Member]
4/25/2005 7:48:14 PM
Hard to fight easements. A commercial building I once bought for cheap had a sewer easement across the manufacturing floor. It was a risk, but it saved us half over a comparable building. If they called us on it, we would have been screwed.
Mahatma8Rice  [Team Member]
4/25/2005 7:49:48 PM
You no longer own real estate. All you are doing to renting it from the government. If you think you own it, skip paying taxes.

If you can't carry it, you don't own it.
1Andy2  [Team Member]
4/25/2005 7:51:48 PM
Fuck em.

Cut the trees down yourself and use em for lumber.
BustinCaps  [Team Member]
4/25/2005 8:00:03 PM
These power lines were put in after an eminent domain battle about 30 years ago. They left all these trees then. I think clearcutting stuff that has no chance of reaching even the most conservative clearance distances is going a little far. I think the best bet put forward so far is to talk to the guys doing the work, I don't see them having a problem saving a tree that at worst will knock out the worlds power and end civilization after their retirement.


I had someone at the office tell me to be a dick and spade all the trees out until they come, then plant them all back. LMFAO. If I had money, i would do it just to be a dick.
fxntime  [Member]
4/25/2005 8:03:39 PM

Originally Posted By pale_pony:
Some here would say that you just have to roll-over and piss on yourself because of "easements" and bullshi'ite spouted by your power company...

They are half right...

First, go to your county clerk's office and get a plat map of your property. It will show property lines and all utility easements and it will define the easements in feet from the utility. Anything within the registered plats easement belongs to the utility company and there is nothing you can do about it.

HOWEVER, UTILITY COMPANIES CAN AND DO LIE THEIR ASSES OFF WHEN THEY ARE TALKING TO YOU!!!

Do Not Take Their Word for where the easements are and how many feet they are!

We have had Asplundh AssClown Tree Trimmers come through our neighborhood working for PSO and lie to my face that "they can take anything they want to that's within 20 feet of a power line." and "you better not complain because we can take the whole damn tree if we want to..." Both are bald-faced lies and most people believe them.

I didn't believe them, and then I called my lawyer, and my trees are still fuggin' here!

Get a map of your land and show THEM where they can cut. And if they stray even an inch out of their boundaries, sue their asses off.


Electric company tree removal: A property owner's rights

THINGS HOMEOWNERS SHOULD KNOW WHEN AEP/PSO ENTERS YOUR YARD:
1. The homeowner owns land within easement, subject to utilities’ rights to use the easement for the delivery of services.
2. Within an easement, AEP/PSO has an obligation to act reasonably.
3. Within an easement, owner and AEP/PSO have an obligation to accommodate each other.
4. AEP/PSO have a right to access an easement to trim trees by traveling across owners land to get to the easement, but they shouldn’t injure your property when the cross or when they are working.
5. Outside the easement, the homeowner owns the land completely, and has a right to reasonably eject trespassers (including AEP/PSO). The homeowner has a right to be free from encroachment on her lands.
6. AEP/PSO’s representatives will tell you they can cut out to 15 or 20 feet or more from the power lines. This is a lie.
7. AEP/PSO does not have a property right that allows them to cut beyond their easement - most residential easements in Tulsa are 7.5 feet on a single property. (some are only 5.0 feet)

WHAT CAN YOU DO?
1. Know where your easement is and how big it is.
2. Take photos before, during and after the cutting. Videotape of them actually cutting is better and it reminds them that you are documenting their every move.
3. When you get a card indicating that AEP/PSO will cut your trees talk to the AEP/PSO forester about where your easement is and where your trees are.
4. Demand to be on site when the tree trimming is done. You have a right to be there.
5. Be firm – don’t let them cut outside the easement just because they want to.
6. If AEP/PSO persists, inform them you will call the police and press charges for criminal trespass.
7. If AEP/PSO still encroaches over your objections, do call the police, and call your lawyer.


WHAT ABOUT THE LOGS THAT LITTER MY YARD?
1. Ask AEP/PSO to clean up the litter they create.
2. If they don’t clean up, call your lawyer.



This was written by a local attorney who is well versed in suing power companies and winning!



Yeah, Assplunder can be pretty sad sometimes. What I said still stands tho, know the easement, be decent, and see if you can work with them. It will be better in the long haul, utilitys have lawyers on retainer to deal with property owners who think they can just say no. They do not lose very often. And truthfully, as a utility worker for a long time, the day WILL come when you "want" something. Most of us remember a long time. I have done a LOT of freebie shit for decent people.
BustinCaps  [Team Member]
4/25/2005 8:05:09 PM

Originally Posted By 1shott:
You will thank them if you ever get a bad ice storm.

I have a powerline easement on the south side of my house, no big deal, there are a few trees there, I have even asked the triming guys to cut them all down, they said Sorry, we are only going to trim them, damn....

Now the North, west and East side of my place are free game for me, I have most of my trees on the North side, no one can touch them, they do not over hang anyones property line and no easements there. Although I am considering cutting them all down, and going with a nice lawn instead.



Just happened this weekend, my uncle has no power!!(15+ inches of wet snow) but the lines over his property are high tension transmission lines. It takes a big ass tree to threaten them.
BigT  [Member]
4/25/2005 8:07:09 PM

Originally Posted By 1Andy2:
Fuck em.

Cut the trees down yourself and use em for lumber.



They won't care. An easement means you can't do anything to it to obstruct it. You can flatten it all day long.
fxntime  [Member]
4/25/2005 8:08:16 PM

Originally Posted By BustinCaps:
These power lines were put in after an eminent domain battle about 30 years ago. They left all these trees then. I think clearcutting stuff that has no chance of reaching even the most conservative clearance distances is going a little far. I think the best bet put forward so far is to talk to the guys doing the work, I don't see them having a problem saving a tree that at worst will knock out the worlds power and end civilization after their retirement.


I had someone at the office tell me to be a dick and spade all the trees out until they come, then plant them all back. LMFAO. If I had money, i would do it just to be a dick.


Are these primary lines, secondary lines or what? Emminant Domain would have happened only if the state was involved in it. Public utilitys very seldom will do this because of the cost. Besides they will go down the road right of way, 33 ft from center line or more if a primary road or highway.
NoVaGator  [Team Member]
4/25/2005 8:09:12 PM

Originally Posted By pale_pony:
Some here would say that you just have to roll-over and piss on yourself because of "easements" and bullshi'ite spouted by your power company...

They are half right...

First, go to your county clerk's office and get a plat map of your property. It will show property lines and all utility easements and it will define the easements in feet from the utility. Anything within the registered plats easement belongs to the utility company and there is nothing you can do about it.

HOWEVER, UTILITY COMPANIES CAN AND DO LIE THEIR ASSES OFF WHEN THEY ARE TALKING TO YOU!!!

Do Not Take Their Word for where the easements are and how many feet they are!

We have had Asplundh AssClown Tree Trimmers come through our neighborhood working for PSO and lie to my face that "they can take anything they want to that's within 20 feet of a power line." and "you better not complain because we can take the whole damn tree if we want to..." Both are bald-faced lies and most people believe them.

I didn't believe them, and then I called my lawyer, and my trees are still fuggin' here!

Get a map of your land and show THEM where they can cut. And if they stray even an inch out of their boundaries, sue their asses off.


Electric company tree removal: A property owner's rights

THINGS HOMEOWNERS SHOULD KNOW WHEN AEP/PSO ENTERS YOUR YARD:
1. The homeowner owns land within easement, subject to utilities’ rights to use the easement for the delivery of services.
2. Within an easement, AEP/PSO has an obligation to act reasonably.
3. Within an easement, owner and AEP/PSO have an obligation to accommodate each other.
4. AEP/PSO have a right to access an easement to trim trees by traveling across owners land to get to the easement, but they shouldn’t injure your property when the cross or when they are working.
5. Outside the easement, the homeowner owns the land completely, and has a right to reasonably eject trespassers (including AEP/PSO). The homeowner has a right to be free from encroachment on her lands.
6. AEP/PSO’s representatives will tell you they can cut out to 15 or 20 feet or more from the power lines. This is a lie.
7. AEP/PSO does not have a property right that allows them to cut beyond their easement - most residential easements in Tulsa are 7.5 feet on a single property. (some are only 5.0 feet)

WHAT CAN YOU DO?
1. Know where your easement is and how big it is.
2. Take photos before, during and after the cutting. Videotape of them actually cutting is better and it reminds them that you are documenting their every move.
3. When you get a card indicating that AEP/PSO will cut your trees talk to the AEP/PSO forester about where your easement is and where your trees are.
4. Demand to be on site when the tree trimming is done. You have a right to be there.
5. Be firm – don’t let them cut outside the easement just because they want to.
6. If AEP/PSO persists, inform them you will call the police and press charges for criminal trespass.
7. If AEP/PSO still encroaches over your objections, do call the police, and call your lawyer.


WHAT ABOUT THE LOGS THAT LITTER MY YARD?
1. Ask AEP/PSO to clean up the litter they create.
2. If they don’t clean up, call your lawyer.



This was written by a local attorney who is well versed in suing power companies and winning!



SUE! SUE! SUE!

Give me a friggin break.
fxntime  [Member]
4/25/2005 8:22:11 PM

Originally Posted By NoVaGator:

Originally Posted By pale_pony:
Some here would say that you just have to roll-over and piss on yourself because of "easements" and bullshi'ite spouted by your power company...

They are half right...

First, go to your county clerk's office and get a plat map of your property. It will show property lines and all utility easements and it will define the easements in feet from the utility. Anything within the registered plats easement belongs to the utility company and there is nothing you can do about it.

HOWEVER, UTILITY COMPANIES CAN AND DO LIE THEIR ASSES OFF WHEN THEY ARE TALKING TO YOU!!!

Do Not Take Their Word for where the easements are and how many feet they are!

We have had Asplundh AssClown Tree Trimmers come through our neighborhood working for PSO and lie to my face that "they can take anything they want to that's within 20 feet of a power line." and "you better not complain because we can take the whole damn tree if we want to..." Both are bald-faced lies and most people believe them.

I didn't believe them, and then I called my lawyer, and my trees are still fuggin' here!

Get a map of your land and show THEM where they can cut. And if they stray even an inch out of their boundaries, sue their asses off.


Electric company tree removal: A property owner's rights

THINGS HOMEOWNERS SHOULD KNOW WHEN AEP/PSO ENTERS YOUR YARD:
1. The homeowner owns land within easement, subject to utilities’ rights to use the easement for the delivery of services.
2. Within an easement, AEP/PSO has an obligation to act reasonably.
3. Within an easement, owner and AEP/PSO have an obligation to accommodate each other.
4. AEP/PSO have a right to access an easement to trim trees by traveling across owners land to get to the easement, but they shouldn’t injure your property when the cross or when they are working.
5. Outside the easement, the homeowner owns the land completely, and has a right to reasonably eject trespassers (including AEP/PSO). The homeowner has a right to be free from encroachment on her lands.
6. AEP/PSO’s representatives will tell you they can cut out to 15 or 20 feet or more from the power lines. This is a lie.
7. AEP/PSO does not have a property right that allows them to cut beyond their easement - most residential easements in Tulsa are 7.5 feet on a single property. (some are only 5.0 feet)

WHAT CAN YOU DO?
1. Know where your easement is and how big it is.
2. Take photos before, during and after the cutting. Videotape of them actually cutting is better and it reminds them that you are documenting their every move.
3. When you get a card indicating that AEP/PSO will cut your trees talk to the AEP/PSO forester about where your easement is and where your trees are.
4. Demand to be on site when the tree trimming is done. You have a right to be there.
5. Be firm – don’t let them cut outside the easement just because they want to.
6. If AEP/PSO persists, inform them you will call the police and press charges for criminal trespass.
7. If AEP/PSO still encroaches over your objections, do call the police, and call your lawyer.


WHAT ABOUT THE LOGS THAT LITTER MY YARD?
1. Ask AEP/PSO to clean up the litter they create.
2. If they don’t clean up, call your lawyer.



This was written by a local attorney who is well versed in suing power companies and winning!



SUE! SUE! SUE!

Give me a friggin break.


Amen!!! Wish I had a dime for everytime someone told me they were going to sue when I dug a hole in their yard for gas work. As I recall they NEVER ONCE WON. Their dumb ass lawyer still got paid by guess who? The property owner. If there is a legal and legitimate easement you will not win, remember if there is an outage because of your trees they will totally mess up your property getting in and out. It will look like 30 Abrams did donuts in your yard, when wet and stormy, great big heavy trucks make great big messes. They will usually come back later to fix the mess but it seldom is all that good. Emergency repower jobs during and after a storm tend to be dismissed most of the time as the Utility will claim safety considerations and conditions were involved.
pale_pony  [Team Member]
4/25/2005 8:51:12 PM

Originally Posted By fxntime:

Originally Posted By NoVaGator:

SUE! SUE! SUE!

Give me a friggin break.


Amen!!! Wish I had a dime for everytime someone told me they were going to sue when I dug a hole in their yard for gas work. As I recall they NEVER ONCE WON. Their dumb ass lawyer still got paid by guess who? The property owner. If there is a legal and legitimate easement you will not win, remember if there is an outage because of your trees they will totally mess up your property getting in and out. It will look like 30 Abrams did donuts in your yard, when wet and stormy, great big heavy trucks make great big messes. They will usually come back later to fix the mess but it seldom is all that good. Emergency repower jobs during and after a storm tend to be dismissed most of the time as the Utility will claim safety considerations and conditions were involved.



Hey, read the thread stupid(s)!

LEGAL HELP! power line easment/clearcutting


BustinCaps asked for LEGAL HELP and I offered it. These are methods of dealing within the law without letting yourself get steam-rolled by a corporation.

If he had asked "How To Bend Over and Take It In the Azz Like Everyone Else" written by Two Sheeple, he could have called you guys personally.
zoom  [Member]
4/25/2005 8:54:29 PM

great big heavy trucks make great big messes.

Exactly. You don't ever want to cause a problem that they have to fix quickly, because the problem will most likely happen when the ground is wet.

As an example, my nephew didn't want the local cable company to teardown his fence and knock down a building to replace an underground cable. Instead, the cable company waited until the cable quit during a heavy rain then knocked down about 15 fences in the neighborhood since the cable passed right between the properties where most people had fences between the yards, three kids were hurt by animal attacks when dogs were let loose, two swimming pools were damaged, one driveway was almost ruined, and two out buildings suffered major damage. Of course a good portion of the backyards of about 20 houses had their grass ruined by the trucks and backhoes. The dozen or so people that sued the cable company lost because "it was an emergency." If they had worked with the cable company rather than against, thing would have been much better for them.z
BustinCaps  [Team Member]
4/25/2005 8:58:08 PM

Originally Posted By pale_pony:

Originally Posted By fxntime:

Originally Posted By NoVaGator:

SUE! SUE! SUE!

Give me a friggin break.


Amen!!! Wish I had a dime for everytime someone told me they were going to sue when I dug a hole in their yard for gas work. As I recall they NEVER ONCE WON. Their dumb ass lawyer still got paid by guess who? The property owner. If there is a legal and legitimate easement you will not win, remember if there is an outage because of your trees they will totally mess up your property getting in and out. It will look like 30 Abrams did donuts in your yard, when wet and stormy, great big heavy trucks make great big messes. They will usually come back later to fix the mess but it seldom is all that good. Emergency repower jobs during and after a storm tend to be dismissed most of the time as the Utility will claim safety considerations and conditions were involved.



Hey, read the thread stupid(s)!

LEGAL HELP! power line easment/clearcutting


BustinCaps asked for LEGAL HELP and I offered it. These are methods of dealing within the law without letting yourself get steam-rolled by a corporation.

If he had asked "How To Bend Over and Take It In the Azz Like Everyone Else" written by Two Sheeple, he could have called you guys personally.



Thx for the info, BTW. I don't believe in suing and whining when you overlooked a deed, etc. But I also believe in holding those people accountable. Actions are being taken to prevent any action outside the easement. If a lawsuit is necessary to protect those areas, then that is one of the few times a lawsuit is a GOOD thing. Unless, like you said, someone chooses to wait for someone to lead them to greener pastures.

The sit and let someone exceed their bounds because they are powerful attitude is the reason gun owners are fucked today. My uncle has no desire to bow down to EXCESSIVE actions on the part of the power company.
TheCommissioner  [Member]
4/25/2005 9:12:56 PM
I have a high voltage power line easement through my property. It cuts through my forest. I don't mind that they ocasionally come out to cut brush because it makes more browse for the deer. Also, I've found the power line easement is an excellent shooting range!
swglock  [Member]
4/25/2005 9:30:20 PM
The easement will state whether and which trees the utility can trim or remove. Note that if the easement says "trim" and not "trim and remove" the company will probably be limited to trimming, unless removal is necessary to make reasonable use of the easement. Take a look at the language. It is controlling and will be stictly construed in favor of the property owner's free and unfettered use of the property.

The easement will also likely provide for the utility co to restore the surface and repair damage done to the property (excepting the tree trimming, which is - probably - the utility co's right). Take some pictures before so that your uncle can prove any damage that is done.

Sorry that your uncle is in this situation, but his predecessor was paid a fair amount for the easement (or had a right to be paid a fair amount for the easement). It sounds like the easement substantially impairs the value of the property, so hopefully the prior owner was well paid and your uncle paid a fair price for the property in light of that fact.

fxntime  [Member]
4/25/2005 9:46:32 PM

Originally Posted By pale_pony:

Originally Posted By fxntime:

Originally Posted By NoVaGator:

SUE! SUE! SUE!

Give me a friggin break.


Amen!!! Wish I had a dime for everytime someone told me they were going to sue when I dug a hole in their yard for gas work. As I recall they NEVER ONCE WON. Their dumb ass lawyer still got paid by guess who? The property owner. If there is a legal and legitimate easement you will not win, remember if there is an outage because of your trees they will totally mess up your property getting in and out. It will look like 30 Abrams did donuts in your yard, when wet and stormy, great big heavy trucks make great big messes. They will usually come back later to fix the mess but it seldom is all that good. Emergency repower jobs during and after a storm tend to be dismissed most of the time as the Utility will claim safety considerations and conditions were involved.



Hey, read the thread stupid(s)!

LEGAL HELP! power line easment/clearcutting


BustinCaps asked for LEGAL HELP and I offered it. These are methods of dealing within the law without letting yourself get steam-rolled by a corporation.

If he had asked "How To Bend Over and Take It In the Azz Like Everyone Else" written by Two Sheeple, he could have called you guys personally.


Legally he does not have much to stand on. I personally don't like to go onto peoples property without permission no matter what, and I really hate to damage or alter anything, however if the utility company has an easement and they are within it, you stand little chance of winning. Utility companys do not lose much in that area. I know how many lawyers my company has to deal with that, it will be one more then they need. I know it sucks, but I also hear the same people BITCH and COMPLAIN when they lose power every time the wind blows. You cannot have it both ways. Sounds as if Bustin Caps is pretty reasonable, and if he is I would hazard he can deal with them OK. Part of what they look for is what kind of tree, is it a fast growing species, tall or spreading, do they need to drive down the line for repairs, any upgrades in the future, what is the incidences of outages in the area and what cycle are they on as far tree trimming, seems as if that one has gotten a bit longer then in the past, and is partly to blame for the more severe trimming. I do not really agree with the last one, but it seems to be an industry wide thing.
BTW there is no damn reason to pay money to a damn lawyer if you are not going to win, trust me, they WILL have the easement and SOMEONES sig, they don't ever throw a fargin thing away, used to work in that area, it's easy to say lawyer up, a bit harder to pay for a lost cause you stand no chance of winning, at best he can stall them, if damage to the utilitys property occurs because they can't work on it have no doubt they will, in turn, bill him for the damage and all repairs. I doubt that would make Mr. Caps happy.
shootemup  [Member]
4/25/2005 9:50:54 PM

Originally Posted By Avtomat:

Originally Posted By shootemup:
Good luck. it's sorta like eminent domain. Don't try to resist.

Actually, it appears to have absolutly nothing to do with eminent domain. Good try though.



Thats why I said SORTA
NoVaGator  [Team Member]
4/25/2005 10:24:21 PM

Originally Posted By pale_pony:

Originally Posted By fxntime:

Originally Posted By NoVaGator:

SUE! SUE! SUE!

Give me a friggin break.


Amen!!! Wish I had a dime for everytime someone told me they were going to sue when I dug a hole in their yard for gas work. As I recall they NEVER ONCE WON. Their dumb ass lawyer still got paid by guess who? The property owner. If there is a legal and legitimate easement you will not win, remember if there is an outage because of your trees they will totally mess up your property getting in and out. It will look like 30 Abrams did donuts in your yard, when wet and stormy, great big heavy trucks make great big messes. They will usually come back later to fix the mess but it seldom is all that good. Emergency repower jobs during and after a storm tend to be dismissed most of the time as the Utility will claim safety considerations and conditions were involved.



Hey, read the thread stupid(s)!

LEGAL HELP! power line easment/clearcutting


BustinCaps asked for LEGAL HELP and I offered it. These are methods of dealing within the law without letting yourself get steam-rolled by a corporation.

If he had asked "How To Bend Over and Take It In the Azz Like Everyone Else" written by Two Sheeple, he could have called you guys personally.



SUE! is not legal help.

Sheeple.....what a 'tard expression.

scrum  [Team Member]
4/25/2005 10:50:25 PM

Originally Posted By BustinCaps:
Fortunately the founding fathers didn't say that.



The Founding Fathers said nothing about Easements. It's property law between private citizens. When anyone purchases property, they get a deed or land registry title that lists all the easements and other rights against the property. Then in a free enterprise system, they have the right to purchase it or not. Eminent domain is the state seizing property AFTER a private citizen has ownership.
fxntime  [Member]
4/25/2005 11:22:51 PM

Originally Posted By NoVaGator:

Originally Posted By pale_pony:

Originally Posted By fxntime:

Originally Posted By NoVaGator:

SUE! SUE! SUE!

Give me a friggin break.


Amen!!! Wish I had a dime for everytime someone told me they were going to sue when I dug a hole in their yard for gas work. As I recall they NEVER ONCE WON. Their dumb ass lawyer still got paid by guess who? The property owner. If there is a legal and legitimate easement you will not win, remember if there is an outage because of your trees they will totally mess up your property getting in and out. It will look like 30 Abrams did donuts in your yard, when wet and stormy, great big heavy trucks make great big messes. They will usually come back later to fix the mess but it seldom is all that good. Emergency repower jobs during and after a storm tend to be dismissed most of the time as the Utility will claim safety considerations and conditions were involved.



Hey, read the thread stupid(s)!

LEGAL HELP! power line easment/clearcutting


BustinCaps asked for LEGAL HELP and I offered it. These are methods of dealing within the law without letting yourself get steam-rolled by a corporation.

If he had asked "How To Bend Over and Take It In the Azz Like Everyone Else" written by Two Sheeple, he could have called you guys personally.



SUE! is not legal help.

Sheeple.....what a 'tard expression.



Guess I never thought of myself as a sheeple. Bahhhhhhhhhhh!!!! Guess with 20 years in the utility field I thought I knew a bit about right of ways and easements. And that if they have one the best thing to do is not to give your hard earned money to a bunch of farkin lawyers who are not going to be able to do much about it. Thats one reason I would never EVER offer to do a damn thing at work for a lawyer, I'll help a hell of a lot of people out for nothing while at work but I just do it exactly by the book with a lawyer. Gas OFF, PINNED off ,call someone to fix it, tough shit if it's cold out, thats by the book. Just protecting myself, you know.
thinman  [Team Member]
4/25/2005 11:39:38 PM
Ask for a First Energy Forester to talk to---not a Asphlund, Davey, or other wood butcher rep. The trees will come down but the FEF can determine how the clean up goes.
BustinCaps  [Team Member]
4/25/2005 11:51:26 PM
Thanks for all the replies guys. I have decided that the best course of action is to determine the exact easement specs, determine what is theirs and let them have it. I also think any prudent landowner would ensure that they take only what is theirs and ensure the protection of all property they have no claim to. tomorrow i will look over the property info and determine the exact terms of the easement.

Thinman, the forester idea was the best yet. Will be contacting. Thx

All those who posted useful information (whether it made me happy or not) thank you. All those who called my uncle a retard without offering any other reasonable advice to bolster their internet tough guy image....yay for you


Feel free to post any other useful info

Thank you,

BustinCaps

Avtomat  [Team Member]
4/26/2005 9:01:03 PM

Originally Posted By scrum:

Originally Posted By BustinCaps:
Fortunately the founding fathers didn't say that.



The Founding Fathers said nothing about Easements. It's property law between private citizens. When anyone purchases property, they get a deed or land registry title that lists all the easements and other rights against the property. Then in a free enterprise system, they have the right to purchase it or not. Eminent domain is the state seizing property AFTER a private citizen has ownership.

And, of course, the Founding Fathers did talk about eminent domain. Indeed, it is allowed by the constitution.
Merlin  [Team Member]
4/26/2005 10:03:06 PM

Originally Posted By BustinCaps:
Thanks for all the replies guys. I have decided that the best course of action is to determine the exact easement specs, determine what is theirs and let them have it. I also think any prudent landowner would ensure that they take only what is theirs and ensure the protection of all property they have no claim to. tomorrow i will look over the property info and determine the exact terms of the easement.

Thinman, the forester idea was the best yet. Will be contacting. Thx

All those who posted useful information (whether it made me happy or not) thank you. All those who called my uncle a retard without offering any other reasonable advice to bolster their internet tough guy image....yay for you


Feel free to post any other useful info

Thank you,

BustinCaps




Sounds like you're doing the right thing. First rule in any dispute in the business world: What's in the contract? In your case, this is your uncle's deed and easements, if any. Have them clearly marked and ensure you make clear to the clearing/logging company that you believe in what Reagan alsways said: "Trust but verify". A digital camera, obviously used when the company's working, will make clear they will need to stay on their toes. If it's hot, I'd offer them water or a soft drink, etc. Work with them and they'll probably work with you. Best you can do given what your uncle bought into several years ago.

Good luck. Let us know what happens.

And how 'bout posting some "before" and "after" pics?

Merlin


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