If you need to cross property with your pole line or underground line, you
can do so under the right of eminent domain. Landowner has no say so. You
go to court, the judge bangs the gavel, and voila, instant ROW. However at
that point in time the tables turn somewhat in the favor of the landowner as
you have to compensate them for what you have taken.
That that typically ends up at a place where it became a very expensive
ROW...
What you are talking about below is the establishment of a prescriptive ROW
through your failure to defend your property. Another word for it is
acquiescence or adverse possession. You can certainly lose your right to
defend if you sit on your rights. So, yea, if they didn't have an easement
or court order, cut down that pole.
-----Original Message-----
From: Adam Moffett
Sent: Thursday, February 26, 2015 12:27 PM
To: [email protected]
Subject: Re: [AFMUG] FCC Live Link
What eminent domain actions can a utility take? My "knowledge" on that
topic is all hearsay.
I heard of a landowner who saw a company putting a pole in an empty lot
that he owned across the street from his house. He watched them set the
pole and then after the workers left he went out with a chainsaw and cut
it down because they never asked him if they could put the pole there
(so the story went). In his point of view, if he let them put the pole
there, they have permanent rights to access that spot on his property
because of eminent domain.
You may even have the right of eminent domain now.
