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Posted: 3/14/2019 9:12:50 PM EDT
I have been contacted by a Land Survey Company that has been hired by a power company to coordinate acquiring a 60 foot right of way through our property in order to run a line from Point A to Point B. They are talking tall concrete poles 300 feet apart which means I'll end up with about four or five poles which have a foot print of about 3'-4' in diameter... there will be no guide wires. All in all the overall footprint seems minor.

Their goal is to acquire a 60-foot right of way adjoining the I-10 right of way, which would not be too bad for me as it would be out next to the interstate and not through the middle of my 63 acres. Shouldn't ever interfere really with anything I'd ever want to do out there, it's well away from my range.

I realize getting advice over the internet is worth exactly what you pay for it...lol... but can I decline the offer to purchase or will this fall into some court ordered action connected to imminent domain?

Anyone ever successfully decline such attempts?

I full realize many would benefit from the line and I hate to be "that guy"... but I'm not sure how I feel about selling a permanent right of way like this.

Any tips, information, or advice please send via IM.
Link Posted: 3/14/2019 9:29:03 PM EDT
[#1]
Please consult counsel ASAP.

Power company probably has eminent domain power. Your best bet is to negotiate the best deal you can get.

(I did a lot of this kind of  work when I practiced law).
Link Posted: 3/14/2019 9:35:12 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Please consult counsel ASAP.

Power company probably has eminent domain power. Your best bet is to negotiate the best deal you can get.

(I did a lot of this kind of  work when I practiced law).
View Quote
Thanks for the reply... I figured they would.
Link Posted: 3/14/2019 10:29:59 PM EDT
[#3]
Previous property had a powerline across one corner. Those guys were a PITA - every time they cleared it was a mess and roundup overspray across my lawn. Eventually I convinced them that they didn't spray and they took their cuttings with them.

It was a good trail for deer - I had two very effective stands there.
Link Posted: 3/14/2019 11:20:27 PM EDT
[#4]
Similar things happened on a former hunting property, a friends property, and my parent's farm.

Bottom line...they're coming through if they want to come through.

Your best bet is to be nice and get as much as you can out of them. Make sure that includes what you can do with the property, any future loss of income from any timber that may be on it, how they'll maintain it, etc..
Link Posted: 3/15/2019 2:02:41 PM EDT
[#5]
I used to hunt on power-line cuts in the National Forest all the time.

Had a favorite spot for many years in college.

Walked down the cut from the ridge road.

Old apple orchard in a deep draw with a fall down log cabin and a small creek.

Sat on a steep hill on one side of the draw that overlooked it all.

Fired down into the deer munching the apples and drinking from the creek.
Never took more than a couple days to bag one.
Most often in the evening.
Link Posted: 3/15/2019 2:33:07 PM EDT
[#6]
Did they give you an offer for the land yet?  I would think a consult with a  lawyer is in order asap.  You probably cant stop them, but a consult with a lawyer may let you know if they can help negotiate a better price and what stipulations you need to be aware of
Link Posted: 3/15/2019 6:25:09 PM EDT
[#7]
Thanks to all who responded... I figured they can put up the line w/o my say-so.

Good thing is they want to go right along the Interstate fence, which won't bother us at all really.
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