Re: [AFMUG] FCC Live Link

[Adam Moffett]

What about a monopole with wireless base stations on it?  Could I stick 
that anywhere unless someone stops me?

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: af@afmug.com
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.