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Posted: 4/20/2016 6:17:04 PM EDT



Couple dispute NPPD’s right to survey ranchland, file lawsuit against utility
By Henry J. Cordes / World-Herald staff writer

A dispute over a proposed high-voltage line across the Sand Hills became more highly charged Tuesday when a Nebraska ranch couple filed suit attempting to keep Nebraska Public Power District survey crews off their land.

Dan and Barbara Welch of Thedford’s Brush Creek Ranch allege that survey crews from the utility trespassed on their land last week after agreeing they would not. Their suit also claims the utility has no legal right to enter the ranch as they survey in preparation for gaining legal easements to cross the land.

NPPD officials say state law does allow the workers to enter private land for such surveying.

“We’ve been following those statutes,” NPPD spokesman Mark Becker said.

He otherwise declined to comment about the allegations in the lawsuit.

NPPD officials say the $361 million R-Project line is needed to relieve transmission congestion, improve the reliability of the power grid in central Nebraska and allow for carrying wind energy. The line would carry electricity north from NPPD’s Gerald Gentleman Power Station near Sutherland to Thedford, then east to near Clearwater, where it would tie into the federal power grid.

Construction is expected to begin in February 2017. The line is planned to be in service by September 2018.
View Quote


More at the link;
http://m.omaha.com/news/nebraska/couple-disputes-nppd-s-right-to-survey-ranchland-files-lawsuit/article_7d977b15-8f2a-5ce9-85d6-8932c8eb30d6.html?mode=jqm

NPPD has been pushing this project hard. Plenty of people are refusing entrance and have stated they won't sell.
Link Posted: 4/20/2016 6:18:26 PM EDT
Have at it, but NPPD is gonna win in the end.
Link Posted: 4/20/2016 6:18:55 PM EDT
you want eminent domain? this is how you get eminent domain.
Link Posted: 4/20/2016 6:46:31 PM EDT
That line that was probably going to bypass them is going straight over their house now.
Link Posted: 4/20/2016 6:46:58 PM EDT
[Last Edit: 4/20/2016 6:48:51 PM EDT by Tim_McBride]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By www-glock19-com:
you want eminent domain? this is how you get eminent domain.
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If NPPD wants to access private land that they have no easement on they should either get the landowners permission or get a court order.
They may get a right a way eventually through a condemnation or eminent domain, but until that time they should follow the law.

This whole project stinks. NPPD has been very hostile to locals asking some straightforward questions, mostly us wanting to know how they plan to repair the land they are going to tear up.
Link Posted: 4/20/2016 6:49:51 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By williewvr:
That line that was probably going to bypass them is going straight over their house now.
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That won't happen. I do know that NPPD asked for charges to be filed against the ranchers because they chained the gates, locking a crew on the property.
Link Posted: 4/20/2016 6:54:04 PM EDT
Individual property rights don't mean shit to industry. They buy their judgements. Nothing an honest citizen can do.
Link Posted: 4/20/2016 6:55:16 PM EDT
[Last Edit: 4/20/2016 6:56:13 PM EDT by www-glock19-com]


Originally Posted By abtex1:
Individual property rights don't mean shit to industry. They buy their judgements. Nothing an honest citizen can do.
View Quote


Have had to deal with the railroad , power co. ,cell co., wanting access and easements a few times before on the family farm

you aren't going to win , no point in being an ass
They will pay you well for your troubles *shrug*
Link Posted: 4/20/2016 6:55:41 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By abtex1:
Individual property rights don't mean shit to industry. They buy their judgements. Nothing an honest citizen can do.
View Quote

There is, but doesn't work out too well long term.

Link Posted: 4/20/2016 6:55:50 PM EDT
The Southern Company has a right of way on some property I own here in Georgia. I''m more than happy to have them notify me they will be on the right of way on such and such a day.

They keep the trees and brush cut and run the bush-hog on what ever is left . Big stuff is put in the chippers.


They show up about twice a year.


Saves me a lot of work and money .



gd
Link Posted: 4/20/2016 6:56:24 PM EDT
Originally Posted By Tim_McBride:



Couple dispute NPPD’s right to survey ranchland, file lawsuit against utility
By Henry J. Cordes / World-Herald staff writer

A dispute over a proposed high-voltage line across the Sand Hills became more highly charged Tuesday when a Nebraska ranch couple filed suit attempting to keep Nebraska Public Power District survey crews off their land.

Dan and Barbara Welch of Thedford’s Brush Creek Ranch allege that survey crews from the utility trespassed on their land last week after agreeing they would not. Their suit also claims the utility has no legal right to enter the ranch as they survey in preparation for gaining legal easements to cross the land.

NPPD officials say state law does allow the workers to enter private land for such surveying.

“We’ve been following those statutes,” NPPD spokesman Mark Becker said.

He otherwise declined to comment about the allegations in the lawsuit.

NPPD officials say the $361 million R-Project line is needed to relieve transmission congestion, improve the reliability of the power grid in central Nebraska and allow for carrying wind energy. The line would carry electricity north from NPPD’s Gerald Gentleman Power Station near Sutherland to Thedford, then east to near Clearwater, where it would tie into the federal power grid.

Construction is expected to begin in February 2017. The line is planned to be in service by September 2018.
View Quote


More at the link;
http://m.omaha.com/news/nebraska/couple-disputes-nppd-s-right-to-survey-ranchland-files-lawsuit/article_7d977b15-8f2a-5ce9-85d6-8932c8eb30d6.html?mode=jqm

NPPD has been pushing this project hard. Plenty of people are refusing entrance and have stated they won't sell.
View Quote



So, which congress critters boondoggle is this?
Link Posted: 4/20/2016 7:00:28 PM EDT
Originally Posted By Tim_McBride:



Couple dispute NPPD’s right to survey ranchland, file lawsuit against utility
By Henry J. Cordes / World-Herald staff writer

A dispute over a proposed high-voltage line across the Sand Hills became more highly charged Tuesday when a Nebraska ranch couple filed suit attempting to keep Nebraska Public Power District survey crews off their land.

Dan and Barbara Welch of Thedford’s Brush Creek Ranch allege that survey crews from the utility trespassed on their land last week after agreeing they would not. Their suit also claims the utility has no legal right to enter the ranch as they survey in preparation for gaining legal easements to cross the land.

NPPD officials say state law does allow the workers to enter private land for such surveying.

"We’ve been following those statutes,” NPPD spokesman Mark Becker said.

He otherwise declined to comment about the allegations in the lawsuit.

NPPD officials say the $361 million R-Project line is needed to relieve transmission congestion, improve the reliability of the power grid in central Nebraska and allow for carrying wind energy. The line would carry electricity north from NPPD’s Gerald Gentleman Power Station near Sutherland to Thedford, then east to near Clearwater, where it would tie into the federal power grid.

Construction is expected to begin in February 2017. The line is planned to be in service by September 2018.
View Quote


More at the link;
http://m.omaha.com/news/nebraska/couple-disputes-nppd-s-right-to-survey-ranchland-files-lawsuit/article_7d977b15-8f2a-5ce9-85d6-8932c8eb30d6.html?mode=jqm

NPPD has been pushing this project hard. Plenty of people are refusing entrance and have stated they won't sell.
View Quote


Florida allows electric company eminent domain rights. I'm haven't checked what Nebraska does, but sounds like the utility has it's ducks lined up and with enough certified experts, the suit(s) will go thru.
Link Posted: 4/20/2016 7:00:29 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By www-glock19-com:








Have had to deal with the railroad , power co. ,cell co., wanting access and easements a few times before on the family farm

you aren't going to win , no point in being an ass
They will pay you well for your troubles *shrug*
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By www-glock19-com:


Originally Posted By abtex1:
Individual property rights don't mean shit to industry. They buy their judgements. Nothing an honest citizen can do.






Have had to deal with the railroad , power co. ,cell co., wanting access and easements a few times before on the family farm

you aren't going to win , no point in being an ass
They will pay you well for your troubles *shrug*


I agree, I'd petition from a strong position, get what I wanted and keep the destruction to a minimum. However, if my neighbor doesn't want to do that, NPPD has a process they need to follow. Don't trespass just because you 'think' you are going to get the rights to cross the property. NPPD's arrogance in the whole matter isn't helping.
Link Posted: 4/20/2016 7:02:06 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By cavedog:



Florida allows electric company eminent domain rights. I'm haven't checked what Nebraska does, but sounds like the utility has it's ducks lined up and with enough certified experts, the suit(s) will go thru.
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By cavedog:
Originally Posted By Tim_McBride:



Couple dispute NPPD’s right to survey ranchland, file lawsuit against utility
By Henry J. Cordes / World-Herald staff writer

A dispute over a proposed high-voltage line across the Sand Hills became more highly charged Tuesday when a Nebraska ranch couple filed suit attempting to keep Nebraska Public Power District survey crews off their land.

Dan and Barbara Welch of Thedford’s Brush Creek Ranch allege that survey crews from the utility trespassed on their land last week after agreeing they would not. Their suit also claims the utility has no legal right to enter the ranch as they survey in preparation for gaining legal easements to cross the land.

NPPD officials say state law does allow the workers to enter private land for such surveying.

"We’ve been following those statutes,” NPPD spokesman Mark Becker said.

He otherwise declined to comment about the allegations in the lawsuit.

NPPD officials say the $361 million R-Project line is needed to relieve transmission congestion, improve the reliability of the power grid in central Nebraska and allow for carrying wind energy. The line would carry electricity north from NPPD’s Gerald Gentleman Power Station near Sutherland to Thedford, then east to near Clearwater, where it would tie into the federal power grid.

Construction is expected to begin in February 2017. The line is planned to be in service by September 2018.


More at the link;
http://m.omaha.com/news/nebraska/couple-disputes-nppd-s-right-to-survey-ranchland-files-lawsuit/article_7d977b15-8f2a-5ce9-85d6-8932c8eb30d6.html?mode=jqm

NPPD has been pushing this project hard. Plenty of people are refusing entrance and have stated they won't sell.



Florida allows electric company eminent domain rights. I'm haven't checked what Nebraska does, but sounds like the utility has it's ducks lined up and with enough certified experts, the suit(s) will go thru.


Nebraska has a condemnation process. NPPD should follow it. AFAIK, NPPD hasn't done this yet, and just entered the land without permission.
Link Posted: 4/20/2016 7:10:17 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Tim_McBride:


Nebraska has a condemnation process. NPPD should follow it. AFAIK, NPPD hasn't done this yet, and just entered the land without permission.
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Tim_McBride:
Originally Posted By cavedog:
Originally Posted By Tim_McBride:


Couple dispute NPPD’s right to survey ranchland, file lawsuit against utility
By Henry J. Cordes / World-Herald staff writer

A dispute over a proposed high-voltage line across the Sand Hills became more highly charged Tuesday when a Nebraska ranch couple filed suit attempting to keep Nebraska Public Power District survey crews off their land.

Dan and Barbara Welch of Thedford’s Brush Creek Ranch allege that survey crews from the utility trespassed on their land last week after agreeing they would not. Their suit also claims the utility has no legal right to enter the ranch as they survey in preparation for gaining legal easements to cross the land.

NPPD officials say state law does allow the workers to enter private land for such surveying.

"We’ve been following those statutes,” NPPD spokesman Mark Becker said.

He otherwise declined to comment about the allegations in the lawsuit.

NPPD officials say the $361 million R-Project line is needed to relieve transmission congestion, improve the reliability of the power grid in central Nebraska and allow for carrying wind energy. The line would carry electricity north from NPPD’s Gerald Gentleman Power Station near Sutherland to Thedford, then east to near Clearwater, where it would tie into the federal power grid.

Construction is expected to begin in February 2017. The line is planned to be in service by September 2018.


More at the link;
http://m.omaha.com/news/nebraska/couple-disputes-nppd-s-right-to-survey-ranchland-files-lawsuit/article_7d977b15-8f2a-5ce9-85d6-8932c8eb30d6.html?mode=jqm

NPPD has been pushing this project hard. Plenty of people are refusing entrance and have stated they won't sell.



Florida allows electric company eminent domain rights. I'm haven't checked what Nebraska does, but sounds like the utility has it's ducks lined up and with enough certified experts, the suit(s) will go thru.


Nebraska has a condemnation process. NPPD should follow it. AFAIK, NPPD hasn't done this yet, and just entered the land without permission.


I will bet a good six pack of beer that a certified notice was sent to the homeowners. It was either signed for or rejected. I'll be surprised if a surveyor doesn't confirm that the process followed so far is valid in Nebraska, if not most States.
Link Posted: 4/20/2016 7:27:54 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By www-glock19-com:


Have had to deal with the railroad , power co. ,cell co., wanting access and easements a few times before on the family farm

you aren't going to win , no point in being an ass
They will pay you well for your troubles *shrug*
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By www-glock19-com:
Originally Posted By abtex1:
Individual property rights don't mean shit to industry. They buy their judgements. Nothing an honest citizen can do.


Have had to deal with the railroad , power co. ,cell co., wanting access and easements a few times before on the family farm

you aren't going to win , no point in being an ass
They will pay you well for your troubles *shrug*


They'll end up like the assclowns near me who had US Marshals and PA state troopers show up to protect the land clearing crews working on their property under a court order. They'll gain some media coverage but still have the legal bills.
Link Posted: 4/20/2016 7:28:57 PM EDT
Oregon has a Right of Entry law, allowing Licensed land surveyors access to private property, with prior notification.

§ 672.047¹
Right of entry by land surveyor
• compensation for damages caused
• notice
• removal of survey markers
(1) Subject to subsection (4) of this section, a registered professional land surveyor, or any employee or agent of the land surveyor, may enter on foot, where practicable, upon any land for the purpose of surveying or performing any survey work and may establish permanent survey monuments as allowed by rule of the State Board of Examiners for Engineering and Land Surveying.
(2) Any person exercising the right of entry granted under subsection (1) of this section shall do so with no unnecessary damage to the land entered upon. Damages to trees, shrubs and other vegetation intentionally caused by the land surveyor shall be subject to compensation and penalties as provided in ORS 105.810 (Treble damages for injury to or removal of produce, trees or shrubs). The land surveyor shall compensate the landowner for all other actual monetary damages, or $100, whichever is greater. Actual monetary damages may include but are not limited to all costs in time, labor and materials incurred by the landowner to return the property to the condition it was in prior to the damage.
(3) If land that is entered and surveyed under this section is located outside of an urban growth boundary and the landowner makes a timely request in writing, the registered professional land surveyor shall provide a copy of the survey in a timely manner to the landowner.
(4) A registered professional land surveyor, or any employee or agent of the land surveyor, may not enter upon land for the purpose of surveying, performing other survey work or establishing a permanent survey monument without first providing notice to the landowner by first class mail or by personal notice. If the land is occupied by a person other than the landowner, notice must also be given to the occupant by first class mail or by personal notice. Notice that is given by first class mail must be mailed at least seven days prior to the entry onto the land. Notice that is given by personal notice must be hand-delivered to the landowner or occupant or be posted in a conspicuous place where the landowner or occupant may reasonably be expected to see the notice. The notice shall give the professional land surveyors name, address, telephone number, purpose, availability of the survey and the presence of any temporary or permanent monuments or other markers to be left on the land.
(5) A registered professional land surveyor, or any employee or agent of the land surveyor, who enters land as allowed under this section is owed no greater duty of care than that owed by a landowner to a trespasser.
(6) Notwithstanding the provisions of subsection (1) of this section, a registered professional land surveyor, or any employee or agent of the land surveyor, may use a vehicle to enter upon land provided that the vehicle remains on existing roadways where practicable.
(7) The land surveyor shall remove all flagging, stakes and other temporary materials that are above ground if leaving the materials in place creates an unreasonable risk of harm to persons or property. Except for forestland as defined in ORS 527.620 (Definitions for ORS 527.610 to 527.770), the land surveyor shall remove all temporary above ground materials within 60 days of placement unless written authorization to leave the materials in place is received from the landowner or occupant. [1995 c.382 §13; 1997 c.743 §1; 2009 c.259 §5; 2011 c.231 §1]

It would be exceedingly difficult, at times impossible, to do our work properly if a landowner won't let us on to locate, say, a Donation Land Claim corner, or a section corner, controlling monument, etc. Not sure about Nebraska's laws tho. Surveyor access and eminent domain are not the same thing.
Link Posted: 4/20/2016 7:30:21 PM EDT
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Originally Posted By Tweightwee:


So, which congress critters boondoggle is this?
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Originally Posted By Tweightwee:
Originally Posted By Tim_McBride:
Couple dispute NPPD’s right to survey ranchland, file lawsuit against utility
By Henry J. Cordes / World-Herald staff writer

A dispute over a proposed high-voltage line across the Sand Hills became more highly charged Tuesday when a Nebraska ranch couple filed suit attempting to keep Nebraska Public Power District survey crews off their land.

Dan and Barbara Welch of Thedford’s Brush Creek Ranch allege that survey crews from the utility trespassed on their land last week after agreeing they would not. Their suit also claims the utility has no legal right to enter the ranch as they survey in preparation for gaining legal easements to cross the land.

NPPD officials say state law does allow the workers to enter private land for such surveying.

“We’ve been following those statutes,” NPPD spokesman Mark Becker said.

He otherwise declined to comment about the allegations in the lawsuit.

NPPD officials say the $361 million R-Project line is needed to relieve transmission congestion, improve the reliability of the power grid in central Nebraska and allow for carrying wind energy. The line would carry electricity north from NPPD’s Gerald Gentleman Power Station near Sutherland to Thedford, then east to near Clearwater, where it would tie into the federal power grid.

Construction is expected to begin in February 2017. The line is planned to be in service by September 2018.


More at the link;
http://m.omaha.com/news/nebraska/couple-disputes-nppd-s-right-to-survey-ranchland-files-lawsuit/article_7d977b15-8f2a-5ce9-85d6-8932c8eb30d6.html?mode=jqm

NPPD has been pushing this project hard. Plenty of people are refusing entrance and have stated they won't sell.


So, which congress critters boondoggle is this?


T. Boone Pickens was big in the wind energy projects that need this new transmission line to sell their power. And since this supports wind power I wouldn't put it past Zero and Soros to be supporting it either.
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