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

Posted on 5/2/25 at 4:28 pm to
Posted by Norla
Member since Aug 2016
466 posts
Posted on 5/2/25 at 4:28 pm to
Where are you located, and do you know the name of the line they are doing the work on?
Posted by No Colors
Sandbar
Member since Sep 2010
12935 posts
Posted on 5/2/25 at 4:41 pm to
Port Gibson

It's the secondary line running east out of Grand Gulf. Not the huge high tower one. But the one just north of it that used to be double wooden poles. It's now being converted to single metal poles.
Posted by Norla
Member since Aug 2016
466 posts
Posted on 5/2/25 at 9:45 pm to
I do contract consulting work for Entergy Louisiana. I'm not familiar with the Entergy projects on the Mississippi side of the river.

Are they operating under the original Right of Way Agreement, and what are the terms of that agreement; do you know what year that agreement was entered in to? They usually come back and do a post construction clean up to try to get it as close as possible to a pre-construction state; including dragging, smoothing and replanting the surface.

I would try to create some kind of relationship with the construction guys and their supervisor(s). The loudest wheel gets the grease. If they like you and you don't treat them like shite they can get approval to do whatever is needed to make your surface right.

Just my two cents after doing this kind of work for 25 years...


Posted by Cowboyfan89
Member since Sep 2015
12959 posts
Posted on 5/3/25 at 8:37 am 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?

There's more to this question than meets the eye.

If anything they are working in is classified as "wetland", then their permit (likely a Nationwide Permit) requires them to restore those areas to pre-construction contours. Failure to do so is a violation of the permit conditions, and could land them in hot water with the Corps of Engineers.

However, if they are operating in wetlands and not using board mats, then they probably aren't even worried about permits to begin with, because that's also a basic condition of that type of work.

This also wouldn't do anything for you in non-wetland areas, and would likely default back to the easement as everyone else has pointed out.
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