• Welcome to AppraisersForum.com, the premier online  community for the discussion of real estate appraisal. Register a free account to be able to post and unlock additional forums and features.

Easement Access of Electric Company

Status
Not open for further replies.

Terrel L. Shields

Elite Member
Joined
May 2, 2002
Professional Status
Certified General Appraiser
State
Arkansas

The sheriff will not enforce nor allow his deputies to moonlight as security to let surveyors complete the environmental study for a proposed power line. So, why not I guess I ask? Do you want power or not? It's no fun to have a big powerline cross your property, I am stuck with one I don't like but I understand the need for additional power. I have much less enthusiasm for a power line that carries wind or solar power through a state that has zero access to that power...which is a proposed project taking western Oklahoma generated electricity across the state and across Arkansas into points to the south and east. Build the generators where you need the juice. Seemingly that's hit hurdles so a new line proposes to go from Kansas across Missouri. -
 
On April 15, PSEG filed a request for a court order asking for temporary access to about 90 properties across all three counties the project would be in to conduct environmental and field studies.

This could be the first of many filings if PSEG can't successfully negotiate voluntary rights-of-entry with other property owners.
PSEG needs these studies in order to move forward with obtaining a certificate from Maryland authorizing the company to build the MPRP.
In his letter to sheriff's office personnel, Jenkins said the office "will not get in the middle of a civil dispute between landowners and the Piedmont group."
"We will not respond and enforce a civil court order to allow the Piedmont group onto anyone's property," Jenkins wrote. "If you should get a call from the Piedmont group advising that a landowner will not let them onto their property to survey, please explain that the policy of the sheriff is to not intervene."

PSEG spokesperson Bill Smith said the company became aware of the letter after seeing it posted on social media.
"PSEG has not reached out to any law enforcement agency to request that members of law enforcement accompany project team members on private property when contacting landowners," Smith wrote in a statement Wednesday. "Beyond that, it is our policy to decline comment on any security-related matters."

Don't feel for the utility, nor their bullying tactics - they need to purchase the right to access for a specific timeline only. I would not as the landowner, allow any ROW access unless large quantities of Benjamins were offered.
 
Why are the data centers being proposed in that particular location? Cheap land? That's what I can't find the answer to in my quick lookup.

Why not build them where there's ample service already?

Another foggy item is exactly what are the data centers for? They mentioned AI services.... why do they need to go across farmland for that?
 
"We will not respond and enforce a civil court order to allow the Piedmont group onto anyone's property," Jenkins wrote. "If you should get a call from the Piedmont group advising that a landowner will not let them onto their property to survey, please explain that the policy of the sheriff is to not intervene."
So now the Sheriff gets to decide which court orders he will enforce and which ones he won't? Judges in this county would have the Sheriff's azzzz in court in a heartbeat.

However, also around here, if a utility company wants temporary easement access they have to acquire if by agreement or by eminent domain.

The judge needs to issue a court order to the sheriff ordering him to do his job or face contempt charges.
 
Surveyors in my state are free to trespass upon notice. Some surveyors, however, are misled by landowners about corners. I know one who was surveying a state Heritage site thinking it was part of an adjacent 100 acres. It was in fact, a protected and untouched original prairie.
 
I have a utility easement in my back yard. Knowing this, I understand in the future, utility company and dig and get rid of all my vegetation and trees if they want.
The probability is low but it's possible but I can enjoy the plants for now.
 
Surveyors in my state are free to trespass upon notice.
Same here. If they are doing survey work they cannot commit legal trespass, i.e., the law says that they are free to enter private property without permission and they cannot be charged with trespass.
 
It's an easement. If work needed to be done on the easement, they can come with notice.
 
f work needed to be done on the easement, they can come with notice.
They are surveying a future possible easement for a power line. The surveyors have the legal right to enter and no one should be allowed to stop them.
 
Status
Not open for further replies.
Find a Real Estate Appraiser - Enter Zip Code

Copyright © 2000-, AppraisersForum.com, All Rights Reserved
AppraisersForum.com is proudly hosted by the folks at
AppraiserSites.com
Back
Top