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Message
Is there such a thing as "Surface Damage" on utility ROW?
Posted on 5/1/25 at 11:09 am
Posted on 5/1/25 at 11:09 am
Entergy has a major transmission line that runs for about a mile through our property. We own the land of course. Entergy just has a standard ROW easement.
They're in here replacing all of the poles. Going from wood to metal. And they're making a mess. It rained hard last night, and they're still working. Ruts and mud and crap everywhere. They've destroyed my food plots, roads, etc.
I guess two questions:
Do they have to put it back the way they found it? Do they have to smooth out the ruts and plant grass back or anything?
Also: Are they obligated to pay damages? Is that even a thing in utility ROW?
I'm asking because I'm guessing that a Sr Entergy Transmission guy actually posts here
They're in here replacing all of the poles. Going from wood to metal. And they're making a mess. It rained hard last night, and they're still working. Ruts and mud and crap everywhere. They've destroyed my food plots, roads, etc.
I guess two questions:
Do they have to put it back the way they found it? Do they have to smooth out the ruts and plant grass back or anything?
Also: Are they obligated to pay damages? Is that even a thing in utility ROW?
I'm asking because I'm guessing that a Sr Entergy Transmission guy actually posts here

This post was edited on 5/1/25 at 11:10 am
Posted on 5/1/25 at 11:21 am to No Colors
What does the agreement say? You may have to pull the original agreement from the courthouse to read it if you don't have a copy.
In my experience, most ROW agreements do cover surface damage as the initial access to build the original line surely tore up the property clearing the lane.
Secondly, it's in their best interest to fix it back for the next time they have to access it.
I wouldn't cause a scene before they get a chance to fix it. Go pull the agreement and have it handy in case you do need to address it after they leave.
In my experience, most ROW agreements do cover surface damage as the initial access to build the original line surely tore up the property clearing the lane.
Secondly, it's in their best interest to fix it back for the next time they have to access it.
I wouldn't cause a scene before they get a chance to fix it. Go pull the agreement and have it handy in case you do need to address it after they leave.
Posted on 5/1/25 at 11:26 am to No Colors
Someone here can probably provide more in depth information, but generally they are not allowed to damage property beyond what is needed [like the digging up and replacing poles). They are supposed to repair anything that gets damaged including damage to your road they used for access.
This post was edited on 5/1/25 at 11:27 am
Posted on 5/1/25 at 11:54 am to No Colors
In general, the easement holder has the duty to maintain the easement. You are well within your rights to demand that it be placed back in the original condition.
Posted on 5/1/25 at 12:32 pm to No Colors
Every agreement is somewhat different. A ROW agreement that was signed with a poor landowner in the 50s will read different than a ROW agreement signed with a wealthier landowner with large acreage who spelled out specific T&Cs.
But typically it will say they have access and have to repair grade and contour to original state and reseed with native grasses.
As for the reimbursement for food plots typically it states that damages will only be paid for the first time and anything after that they are not responsible for. But what that means is he is confined to the width of his ROW and any damages outside that ROW he has to reimburse or pay for access. I wouldn’t call it a food plot but maybe (first year crawfish pond, medical marijauna field or sugar cane)
But typically it will say they have access and have to repair grade and contour to original state and reseed with native grasses.
As for the reimbursement for food plots typically it states that damages will only be paid for the first time and anything after that they are not responsible for. But what that means is he is confined to the width of his ROW and any damages outside that ROW he has to reimburse or pay for access. I wouldn’t call it a food plot but maybe (first year crawfish pond, medical marijauna field or sugar cane)
Posted on 5/1/25 at 3:32 pm to No Colors
I know someone that sued a pipeline company that wrecked his property installing a new pipeline and won a pretty good settlement that paid to have his property repaired. It might not hurt to get in touch with Entergy to let them know you're prepared to get legal representation if they don't return your property to original conditions.
Posted on 5/1/25 at 3:42 pm to No Colors
I think you are jumping the gun by asking these questions now
Entergy will probably have an outside contractor come in once all work is done and land is dry enough to fix the mess. Entergy nor the contractor cutting the grass on ROW will want to have to navigate through ruts. They will fix them, give it a lil time.
Entergy will probably have an outside contractor come in once all work is done and land is dry enough to fix the mess. Entergy nor the contractor cutting the grass on ROW will want to have to navigate through ruts. They will fix them, give it a lil time.
Posted on 5/1/25 at 4:32 pm to No Colors
It depends.
quote:
What does the agreement say?
Posted on 5/1/25 at 4:36 pm to No Colors
May be a contractor who underbid the job. I would talk to Entergy directly.
I don’t work in the power line industry but I do work around pipelines everyday. The pipeline companies DO NOT like to upset the landowners at all.
I don’t work in the power line industry but I do work around pipelines everyday. The pipeline companies DO NOT like to upset the landowners at all.
Posted on 5/1/25 at 4:41 pm to Herschal
quote:
What does the agreement say?
Well the agreements are actually kind of mute. Because companies like this usually have blanket policies that govern their behavior. They're not gonna have one deal and treat one landowner a certain way because of what was negotiated in 1968. And then treat the next half mile section different because that landowner had a better lawyer 60 years ago.
I spoke to someone on the crew who said the big boss was out of town today. But that the reason they were working through the rain and slop was because they have the power plant shut down at over $1 million a day to do this work. So they work in all conditions regardless of weather or damage.
So if the whole project is costing over $10 million, they can afford to pay me reasonable surface damages.
Posted on 5/1/25 at 4:42 pm to skidry
quote:
May be a contractor who underbid the job. I would talk to Entergy directly.
All this equipment says Entergy on it
Posted on 5/1/25 at 5:07 pm to No Colors
quote:
Do they have to put it back the way they found it? Do they have to smooth out the ruts and plant grass back or anything?
Also: Are they obligated to pay damages? Is that even a thing in utility ROW?
It depends on what the agreement says.
quote:
Well the agreements are actually kind of mute.
Are you saying that the agreements don't address those issues (mute)? Or, are you saying that what the agreements might say about those issues don't matter (moot)? Because if the latter is what you mean, then you are are just wrong as it relates to the questions that you have asked. You asked what they "have" to do, not what their "blanket policy" says.
Posted on 5/1/25 at 5:31 pm to No Colors
quote:
actually kind of mute
moot. Sorry, couldn’t help myself
Posted on 5/1/25 at 6:37 pm to jorconalx
Man, we deal with this constantly….have 3 transmission lines from same company.
U have to hold their feet to the fire upfront…they make all kind of promises then dissappear when work is complete
I have way too much knowledge dealing with them
U have to hold their feet to the fire upfront…they make all kind of promises then dissappear when work is complete
I have way too much knowledge dealing with them
Posted on 5/1/25 at 7:01 pm to No Colors
Not a lawyer but I do believe anything you do on a utility ROW is at your own risk.
This post was edited on 5/1/25 at 8:10 pm
Posted on 5/1/25 at 7:03 pm to No Colors
Like someone already said, the easement language governs their obligations. Older easements that were not well negotiated tend to be in their favor. Most will at least repair the ruts and put down grass seed.
Now you said they are going from wood to metal poles. There are easements that restrict to wood only. If it doesn't allow for upgrades such as pole type, voltage, number of conductors etc., they may be exceeding the rights they were granted. They would owe you for assuming rights greater than what the easement grants.
Posted on 5/2/25 at 11:12 am to No Colors
Read the agreement, but if it says nothing on the issue, the fallback rule is:
The owner of the dominant estate has the right to enter with his workmen and equipment into the part of the servient estate that is needed for the construction or repair of works required for the use and preservation of the servitude. He may deposit materials to be used for the works and the debris that may result, under the obligation of causing the least possible damage and of removing them as soon as possible.
La. Civil Code article 745
The owner of the dominant estate has the right to enter with his workmen and equipment into the part of the servient estate that is needed for the construction or repair of works required for the use and preservation of the servitude. He may deposit materials to be used for the works and the debris that may result, under the obligation of causing the least possible damage and of removing them as soon as possible.
La. Civil Code article 745
Posted on 5/2/25 at 12:23 pm to WillFerrellisking
quote:
I think you are jumping the gun by asking these questions now
Entergy will probably have an outside contractor come in once all work is done and land is dry enough to fix the mess.
Not jumping the gun. It wouldn't hurt to call and ask if they intend to repair the damages. You may get the answer you want.
Posted on 5/2/25 at 1:39 pm to No Colors
quote:
So if the whole project is costing over $10 million, they can afford to pay me reasonable surface damages.
I highly doubt they will pay you unless you just ask for a very small amount. Their first plan in my experience has always been to repair it themselves. It just depends on who does the job and who the boss that ordered it in regards to how well it gets done.
Posted on 5/2/25 at 2:53 pm to No Colors
They will likely repair the R-O-W to a condition suitable for tractors with bushhogs to cut it. They don't want erosion on the R-O-W so they will likely seed the affected areas. They probably will not compensate you for the loss of your food plots.
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