Yep. I was confirming that was what I meant. I agree with your entire email and that utility easements rarely actually affect the landowner, but you will definitely have a hard time getting a large percentage of the population to understand that if you make ROW requests automatic. Most people, around here anyhow, would see it as a land grab. I personally would have no problem giving various utilities easements (and also have an electric and telephone easement on my property), but I would want to have the final say on who, what, where, and how much on any new ones. I work with getting utility easements at least monthly, so I have seen the whole spectrum of responses, from no problem, to absolutely not, to sure, for $1M. There are a surprising number of people that do not know they have existing easements on their property and do not understand the idea of the public ROW. On Feb 28, 2015 11:54 AM, "Mike Hammett" <[email protected]> wrote:
> *nods* As I indicated later in my e-mail. > > > > ----- > Mike Hammett > Intelligent Computing Solutions > http://www.ics-il.com > > ------------------------------ > *From: *"Trevor Bough" <[email protected]> > *To: *[email protected] > *Sent: *Saturday, February 28, 2015 11:51:42 AM > *Subject: *Re: [AFMUG] FCC Live Link > > I was referring to when they get dedicated easements outside of public > ROW. > On Feb 28, 2015 11:45 AM, "Mike Hammett" <[email protected]> wrote: > >> The entire road ROW is not 70' wide, therefore none of the utilities in >> it (electric, gas, phone, "competitive" fiber provider) could possibly use >> that much of it. I will not buy any "property rights" argument for >> utilities along the roadway. In town, the lots are barely 70', so it would >> be impossible for a town to even exist if that were the case. >> >> You're probably referring to the long-haul stuff, not the access stuff. >> My mistake for not being clear about that up front. BTW: My family does >> have about 140' of electrical ROW and an undetermined amount of >> gas\petroleum and fiber longhaul ROW through our hundreds of acres. Not >> really an inconvenience. Gotta worry about the gas\fiber when putting in or >> repairing drain tile. Just planted alfalfa for hay in the electrical ROW. >> BTW: They paid for those rights in teh beginning and pay for any and all >> damages\remediation should their maintenance result in needing any. >> >> >> >> ----- >> Mike Hammett >> Intelligent Computing Solutions >> http://www.ics-il.com >> >> ------------------------------ >> *From: *"Trevor Bough" <[email protected]> >> *To: *[email protected] >> *Sent: *Saturday, February 28, 2015 11:30:16 AM >> *Subject: *Re: [AFMUG] FCC Live Link >> >> As a property owner, I find that idea completely terrifying. I should >> absolutely have the right to say what is or is not on my property. Working >> in the utility industry, I still find that idea completely terrifying. >> Electric utilities typically require at least 30' of dedicated ROW. Gas and >> water utilities typically require at least 20' of dedicated ROW. Would you >> like to be required to give up 70' of your front yard without any say? You >> still get to mow it and maintain it, but if the utility feels the shrub you >> planted will interfere with them operating their line, they have the right >> to come destroy it. I would love to have dedicated easements everywhere, >> but that is the reason there is dedicated public ROW everywhere. Honestly >> people would be much better off dedicating 20' to a utility easement when >> they record the legal description of their property. Virtually all >> utilities can fit into a single 20' easement, especially if several go >> aerial, they just don't like to. In my opinion, eminent domain should be a >> difficult process with a requirement on the condemning authority to prove >> need and history of good faith negotiations. Just my 2 cents (probably >> closer to $0.10 now). >> On Feb 28, 2015 10:48 AM, "Mike Hammett" <[email protected]> wrote: >> >>> Tangent... >>> >>> >>> I understand property rights and all, but I'd like to see automatic >>> approval for all ROW requests by qualified entities. >>> >>> >>> >>> ----- >>> Mike Hammett >>> Intelligent Computing Solutions >>> http://www.ics-il.com >>> >>> ------------------------------ >>> *From: *"Trevor Bough" <[email protected]> >>> *To: *[email protected] >>> *Sent: *Friday, February 27, 2015 6:56:45 PM >>> *Subject: *Re: [AFMUG] FCC Live Link >>> >>> Apparently Missourians fight to protect their property rights more >>> vigorously because, here anyway, it is a lengthy and expensive process. >>> Landowners in MO can also be awarded legal fees if the condemning authority >>> drops or loses the case of eminent domain, so it is definitely not a, "This >>> guy is being difficult, we'll show him." fix-all. >>> http://watchdog.org/88546/missouri-landowners-win-in-eminent-domain-test-case/ >>> Looks like it wasn't always the case here though. >>> >>> On Fri, Feb 27, 2015 at 11:19 AM, Chuck McCown <[email protected]> wrote: >>> >>>> I have done it several times. In my cases it was pretty much the >>>> easy button. Just had to wait for the docket. >>>> >>>> *From:* Trevor Bough <[email protected]> >>>> *Sent:* Thursday, February 26, 2015 6:21 PM >>>> *To:* [email protected] >>>> *Subject:* Re: [AFMUG] FCC Live Link >>>> >>>> >>>> It's not quite that easy... You have to be authorized by the state to >>>> be able to use eminent domain and even then it is a very lengthy process >>>> (minimum of six months typically) and it has to be for "public use", which >>>> a utility can qualify as, but even after going to court for six months or >>>> more to prove that this is necessary for the public you are still at the >>>> mercy of the quart ruling that you are right and now have the luxury of >>>> paying the landowner for the access. It's not some magic automatic "Easy >>>> Button". >>>> On Feb 26, 2015 1:34 PM, "Chuck McCown" <[email protected]> wrote: >>>> >>>>> 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. >>>>>> >>>>> >>>>> >>> >>> >> >
