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Is there such a thing as "Surface Damage" on utility ROW?

Posted on 5/1/25 at 11:09 am
Posted by No Colors
Sandbar
Member since Sep 2010
12033 posts
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
This post was edited on 5/1/25 at 11:10 am
Posted by Clyde Tipton
Planet Earth
Member since Dec 2007
39698 posts
Posted on 5/1/25 at 11:21 am to
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.
Posted by BigBinBR
Baton Rouge
Member since Mar 2023
7324 posts
Posted on 5/1/25 at 11:26 am to
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 by armtackledawg
Member since Aug 2017
13548 posts
Posted on 5/1/25 at 11:54 am to
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 by Ol boy
Member since Oct 2018
3572 posts
Posted on 5/1/25 at 12:32 pm to
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)
Posted by lowhound
Effie
Member since Aug 2014
8609 posts
Posted on 5/1/25 at 3:32 pm to
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 by WillFerrellisking
Member since Jun 2019
1941 posts
Posted on 5/1/25 at 3:42 pm to
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.
Posted by Herschal
Land of the Free
Member since Sep 2011
1946 posts
Posted on 5/1/25 at 4:32 pm to
It depends.

quote:

What does the agreement say?
Posted by skidry
Member since Jul 2009
3435 posts
Posted on 5/1/25 at 4:36 pm to
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.
Posted by No Colors
Sandbar
Member since Sep 2010
12033 posts
Posted on 5/1/25 at 4:41 pm to
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 by No Colors
Sandbar
Member since Sep 2010
12033 posts
Posted on 5/1/25 at 4:42 pm to
quote:

May be a contractor who underbid the job. I would talk to Entergy directly.


All this equipment says Entergy on it
Posted by BiggerBear
Redbone Country
Member since Sep 2011
3072 posts
Posted on 5/1/25 at 5:07 pm to
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 by jorconalx
alexandria
Member since Aug 2011
9697 posts
Posted on 5/1/25 at 5:31 pm to
quote:

actually kind of mute


moot. Sorry, couldn’t help myself
Posted by jdani11
Member since Nov 2006
572 posts
Posted on 5/1/25 at 6:37 pm to
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
Posted by Tridentds
Sugar Land
Member since Aug 2011
22314 posts
Posted on 5/1/25 at 7:01 pm to
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 by TrueTiger
Chicken's most valuable
Member since Sep 2004
76384 posts
Posted on 5/1/25 at 7:03 pm to

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 by Twenty 49
Shreveport
Member since Jun 2014
20015 posts
Posted on 5/2/25 at 11:12 am to
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
Posted by aTmTexas Dillo
East Texas Lake
Member since Sep 2018
19062 posts
Posted on 5/2/25 at 12:23 pm to
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 by baldona
Florida
Member since Feb 2016
22394 posts
Posted on 5/2/25 at 1:39 pm to
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 by JoePepitone
Waffle House #1494
Member since Feb 2014
11382 posts
Posted on 5/2/25 at 2:53 pm to
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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