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.
>>>>>>
>>>>>
>>>>>
>>>
>>>
>>
>

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