I was referring to when they get dedicated easements outside of public ROW. On Feb 28, 2015 11:45 AM, "Mike Hammett" <af...@ics-il.net> 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" <trevorbo...@gmail.com> > *To: *af@afmug.com > *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" <af...@ics-il.net> 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" <trevorbo...@gmail.com> >> *To: *af@afmug.com >> *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 <ch...@wbmfg.com> 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 <trevorbo...@gmail.com> >>> *Sent:* Thursday, February 26, 2015 6:21 PM >>> *To:* af@afmug.com >>> *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" <ch...@wbmfg.com> 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: 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. >>>>> >>>> >>>> >> >> >
