Peer pressure works really good at getting easements. For years my dad wanted to sealcoat a road... intersection to intersection. One landowner wanted to sell the land to the township. He was in no uncertain terms going to pay for anything. Everyone use just donated the like 1' or whatever it was. He sealcoated up to the bridge at the edge of the aforementioned landowner's land. When asked why he didn't go to the next intersection, he said exactly why. He got the land donated to him in time to finish it up next construction season. ;-)
----- Mike Hammett Intelligent Computing Solutions http://www.ics-il.com ----- Original Message ----- From: "Trevor Bough" <[email protected]> To: [email protected] Sent: Saturday, February 28, 2015 12:10:19 PM Subject: Re: [AFMUG] FCC Live Link 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: <blockquote> 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: <blockquote> 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: <blockquote> 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 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: <blockquote> 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. <blockquote> You may even have the right of eminent domain now. </blockquote> </blockquote> </blockquote> </blockquote> </blockquote>
