Some full, most empty. The current development doesn’t even want them in there, poor service for over a decade, etc. Can he kick them out?
> On Jan 18, 2021, at 3:26 PM, Chuck McCown via AF <af@af.afmug.com> wrote: > > No harm. Is the conduit empty? > > -----Original Message----- From: Dev > Sent: Monday, January 18, 2021 4:09 PM > To: AnimalFarm Microwave Users Group > Subject: Re: [AFMUG] who owns conduit in private neighborhood? > > The current owner bought the development from the former owner who originally > installed the conduit at the prior owner’s expense. There’s nothing on the > title that says the ILEC owns anything, just that there’s a PUE. It is super > doubtful (unprovable) the owner of the conduit ever assigned it to the ILEC, > or has an agreement that gives them access to the private development > specifically, other than a general PUE. If the conduit is shared without > interfering with the ILEC’s operation, is there harm? > >> On Jan 18, 2021, at 12:49 PM, Mark Radabaugh <m...@amplex.net> wrote: >> >> That situation is a bit of a gray area and would probably end up depending >> on the specific wording in the plat map and the state you are in, so >> comments are pretty general. >> >> If it’s platted as a utility easement and you qualify as a public utility >> (again, depends on your state and specific situation) then you have every >> right to be in the easement. As to occupying a duct some other utility >> installed? Probably not. You can add your own duct if you like but I >> wouldn’t think you have any right to occupy the other utilities duct. Answer >> is obviously different if the developer supplied the conduit or there was >> language in a contract saying otherwise. >> >> As usual, advice from an engineer about legal questions is worthless :-) Ask >> an attorney! >> >> Mark >> >>> On Jan 18, 2021, at 3:14 PM, Dev <d...@logicalwebhost.com> wrote: >>> >>> In a Public Utility Easement (PUE) in a private neighborhood, the developer >>> says he owns it, but the ILEC is acting like they do. Doubtful ILEC can >>> produce a document that says they do. The ILEC has a little bit of outside >>> plant in a large conduit, anything to stop others from pulling fiber >>> through that same conduit as long as they don’t interfere? >>> -- >>> AF mailing list >>> AF@af.afmug.com >>> http://af.afmug.com/mailman/listinfo/af_af.afmug.com >> >> >> -- >> AF mailing list >> AF@af.afmug.com >> http://af.afmug.com/mailman/listinfo/af_af.afmug.com > > > -- > AF mailing list > AF@af.afmug.com > http://af.afmug.com/mailman/listinfo/af_af.afmug.com > > -- > AF mailing list > AF@af.afmug.com > http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- AF mailing list AF@af.afmug.com http://af.afmug.com/mailman/listinfo/af_af.afmug.com
