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re: Is a property owner owed financial compensation for power poles ran on their property.
Posted on 1/17/24 at 3:52 pm to BOSCEAUX
Posted on 1/17/24 at 3:52 pm to BOSCEAUX
So, I dealt with a situation early last year with a utility company. I had an acre of land that the utility company needed to run a high voltage line through, which would have required them to have a 30 R.O.W. basically through the middle of the property. I told them I was not granting them that right of way. They offered to compensate me for it; I told them no, it would render the property useless, and that if they wanted it, they would have to buy the whole piece from me, Which is what ultimately happened. Sold it for about 13% more than than I paid for it. But the land man, during negotiations, did mention to me that the utility company, whom he was contracted to, would be getting that piece of land one way or another. He said if we couldn't come to an agreement on a price, the utility would eventually take me to court, and the court would force me to sell the land to the utility company for "fair market value". He claimed that he gets paid to keep these transactions out of the courtroom and so I kind of believed him.
2
Posted on 1/17/24 at 3:54 pm to BOSCEAUX
quote:
Is a property owner owed financial compensation for power poles ran on their property.
They will pay you a ROW fee. No idea of the length of the ROW contract, though.
Posted on 1/17/24 at 3:54 pm to Homey the Clown
Thats because its a high voltage line and the community benefit consideration will allow for eminent domain.
Posted on 1/17/24 at 3:55 pm to BOSCEAUX
quote:
I know you have to allow access to “landlocked” properties if your property is the only access
That would be a right of way, and thus the property would not be "landlocked".
True "landlocked" property has no right of way, and adjoining owners are under no obligation to grant you access. Therein, lies the idea behind...
quote:
Is a property owner owed financial compensation
Money makes the world go round, Baw.
Posted on 1/17/24 at 4:05 pm to BOSCEAUX
No idea about Louisiana but most places have easements for all utilities already planned on maps
Posted on 1/17/24 at 4:06 pm to BOSCEAUX
I would certainly asked to be compensated.
Posted on 1/17/24 at 4:07 pm to Clyde Tipton
Thanks for all the replies. Since there is an alternate route just longer and more expensive I believe the best course of action is to refuse and see what happens. If they push back then I’ll get a lawyer.
Posted on 1/17/24 at 4:07 pm to BOSCEAUX
quote:
To bring power to another persons property?
Normally the utility just brings it to the property line and it’s the owners responsibility to add the drop and get it to whatever they need power to. If there is already an access easement then it’s been determined that that is the most direct access to the property and the utilities should go there.
Of course all of that is different if there is already a utility easement. You should check there first.
Posted on 1/17/24 at 4:12 pm to Tvilletiger
quote:
No idea about Louisiana but most places have easements for all utilities already planned on maps
..only if they are in the DOTD (or another company's) easement. Other than that, they play the landowner for ROW access.
This post was edited on 1/17/24 at 4:15 pm
Posted on 1/17/24 at 4:16 pm to LSUAlum2001
This is in a very rural area but my thinking is if they have physical access to the property from one of the two main roads in that area then they have access to electricity via that physical access point so the power should be ran from there.
Posted on 1/17/24 at 4:27 pm to thefodgather
quote:
I seriously doubt there is a law on the books that uses the word "should"
Not perhaps related to power poles but there are more than you can count.
The collective wisdom is "should" means it's a good idea, "shall" means required by law. Until someone gets hurt and you get sued...
quote:
1910.178(a)(3)
Approved trucks shall bear a label ...if the powered industrial truck is accepted by a nationally recognized testing laboratory it should be so marked.
This is a section of OSHA regs which are federal law.
Posted on 1/17/24 at 4:34 pm to BOSCEAUX
In Texas you are compensated, they have pay you for an easement assuming there isn't one already in place. About a decade ago I went down to our farm in South Texas and there was a new easement cut across our place and a power line installed running to the neighbors property, I was pissed. Our lawyer wound up the utility company and we got more than 8 times the going rate by the time it was all said and done, those were most expensive damn Mesquite trees those boys had ever ground down.
This post was edited on 1/17/24 at 4:35 pm
Posted on 1/17/24 at 4:35 pm to BOSCEAUX
You need new shop right where they plan to place the poles.
Posted on 1/17/24 at 4:39 pm to BOSCEAUX
quote:I don't know about in LA, but in MS if they're not landlocked by you, then you should have a case of at least a grievance, and i'm quite certain you're well within your right to outright refuse it. most power companies will work on new powering installs if it's for the good of their network. meaning, they will work with the landowner in question on the price if they have to go around you on a longer route, assuming it benefits their network of lines. meaning, if a line is running 2 miles back into property surrounded on sides by a national forest where there'll never be any development in the foreseeable future, they're going to want full payment.
This is 11ish acres we own but nobody lives on it as of now (possible land for kids to build on later). The property needing the power is not landlocked by our property (physically access it elsewhere) but through our property is the shortest route to run power polls. Can this be refused if there is an alternate route that is longer and would cost more? If not able to refuse should we be compensated?
also, not sure about LA, but in MS and many other states, in no shape, form or fashion are you required to give landlocked neighbors access for ingress and egress through your property. if you agree you can give or sell an easement, but there's no legal mandate for it. the only way for the landlocked landowner to remedy their situation in coming across you is to go to court, and even then it's not guaranteed. if the courts find there's a better, less intrusive route, then they can and will deny the easement and you'll have to start back at square one.
Posted on 1/17/24 at 4:41 pm to BOSCEAUX
There must be some type of easement or servitude. If that’s the case, you can’t do anything about it. A company cannot just put power poles on your land without an easement or servitude.
Posted on 1/17/24 at 5:08 pm to SixthAndBarone
A surveyor here who has several power utility companies as clients.
Easements shown on survey plats are optional. Most clients don't want to pay for this extra service so a survey plat can but may not be a good source if an easement exist.
New distribution lines are planned to be adjacent to the road R/W but on private property with a granted easement between 10'-20' wide. No money is changed hands because it enhances your property. You can divide your property at a lower cost because the power line is already in place. Generally you can't build on this strip so nothing is lost by the owner. You can refuse to grant the easement and most likely the power company will look at alternate routes including putting the poles in front of your property but inside the road R/W. They don't like to do this but on occasion will.
Transmission lines are another matter. If an easement is granted this is usually on a 30' to 100' wide easement and money is exchanged for the right to be there. If you refuse chances are they will take you to court.
Easements shown on survey plats are optional. Most clients don't want to pay for this extra service so a survey plat can but may not be a good source if an easement exist.
New distribution lines are planned to be adjacent to the road R/W but on private property with a granted easement between 10'-20' wide. No money is changed hands because it enhances your property. You can divide your property at a lower cost because the power line is already in place. Generally you can't build on this strip so nothing is lost by the owner. You can refuse to grant the easement and most likely the power company will look at alternate routes including putting the poles in front of your property but inside the road R/W. They don't like to do this but on occasion will.
Transmission lines are another matter. If an easement is granted this is usually on a 30' to 100' wide easement and money is exchanged for the right to be there. If you refuse chances are they will take you to court.
This post was edited on 1/17/24 at 5:17 pm
Posted on 1/17/24 at 5:09 pm to BOSCEAUX
I’ve acquired numerous power line servitudes for multiple power companies in Louisiana. I’ve never dealt with a single company who would install high voltage or a service drop before they had a properly executed, notarized and recorded agreement with the landowner. There’s a possibility this agreement existed before you bought the tract - a courthouse records search would be required in order to determine this. Servitudes run with the land - they are perpetual even if granted by a prior owner.
Posted on 1/17/24 at 5:14 pm to BOSCEAUX
There is a poll in my yard taking the signal from another neighbor's yard. That poll has wires running to my house and to a diff neighbors house across my pond.
So that dude on the other side of my pond has to have his stuff come through two yards.
So that dude on the other side of my pond has to have his stuff come through two yards.
Posted on 1/17/24 at 5:15 pm to Homey the Clown
quote:
So, I dealt with a situation early last year with a utility company. I had an acre of land that the utility company needed to run a high voltage line through, which would have required them to have a 30 R.O.W. basically through the middle of the property. I told them I was not granting them that right of way. They offered to compensate me for it; I told them no, it would render the property useless, and that if they wanted it, they would have to buy the whole piece from me, Which is what ultimately happened. Sold it for about 13% more than than I paid for it. But the land man, during negotiations, did mention to me that the utility company, whom he was contracted to, would be getting that piece of land one way or another. He said if we couldn't come to an agreement on a price, the utility would eventually take me to court, and the court would force me to sell the land to the utility company for "fair market value". He claimed that he gets paid to keep these transactions out of the courtroom and so I kind of believed him.
We just had a case near me where the landowner got the line moved onto his neighbor's land, an extremely important one too. Dude was paying for Facebook ads and paying for archeologists to come out and show his property has significant native american heritage.
He's a Republican in state congress now, lol. Amazing how that works.
For the most part, yeah going up against real estate for a public utility is not a winning scenario for 99% of people.
This post was edited on 1/17/24 at 5:22 pm
Posted on 1/17/24 at 5:44 pm to JoePepitone
quote:
There’s a possibility this agreement existed before you bought the tract - a courthouse records search would be required in order to determine this. Servitudes run with the land - they are perpetual even if granted by a prior owner.
This land has been in the family for 50 years. Has never had utilities on it. It’s completely wooded except for one corner. I highly doubt anyone made an agreement with whatever Entergy was in 1970.
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