Can I fight the power company?

Discussion in 'Random Ramblings' started by polk county, Jun 14, 2010.

  1. polk county

    polk county Out Of The Brooder

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    The power company has an easement in my front yard. They are going to put a gigantic transmission pole in the middle of the driveway. They are requesting a temporary work easement (8 months) outside of the original easement. They want to give me 3k for my troubles. I don’t want their money, I want them to put there pole somewhere else. Here are my concerns,
    1 Transmission lines are loud and annoying
    2 That gigantic pole will lower the property value
    3 I want to have another baby but I hesitate to do so with 425K volts over my head.
    4 I think that this line will cause interference with the baby monitor.

    I can’t get a lawyer to talk to me without a 200-300 dollar fee.

    I don’t want this pole on my lot. Is there anything I can do? I live in Florida
    Thanks for the help
     
  2. Sonoran Silkies

    Sonoran Silkies Flock Mistress

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    Tempe, Arizona
    You need to get the whole neighborhood to fight it. For one person, probably not much luck. For a whol LOT of folks? Good chance of getting a reasonable request accomodated.

    You will need to identify an alternate route for the electric lines, preferably one that avoids residential property in favour of commercial, industrial or business prorperties. If you can show that it will cost less or be easier to re-route, you have a fair shake at getting it changed.
     
  3. PineappleMama

    PineappleMama Chillin' With My Peeps

    In your DRIVEWAY? That would in effect trap you in your home, particularly in an emergency. Hazard.
    (keep in mind that many poles and whatnot have extended cables to the ground and thus they take up a lot more room than just the pole... it won't just be 2' of your drive. If they're offering you money, then they don't have permission to just do it without your consent... do not sign anything!)

    Also, no way anyone would buy your home with that there. Loss of property value.

    Those seem like reasonable reasons to block this effort, but I'm a human, not a judge/politician.

    You need to find out the specific laws for easements in your area... IE does the easement ONLY mean they can access their equipment already in place, OR do they have full control and can do anything they want with THEIR land. If there are no restrictions on their use of your land then you're prolly toast. But if it says they can only go on your land to access equipment In Place, then you have a shot, I would think.

    I don't know where you'd find that... wouldn't know where to start without even knowing your state... but seems like there ought to be a state utility commission or some such that you could ask about this...

    Google your city name, and free consultation attorney... might work...

    Boy that just bites. Wish I knew what to tell you.
     
  4. redhen

    redhen Kiss My Grits... Premium Member

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    Western MA
    Wow.. I dont know what to say..
    i would be sooo upset.. [​IMG]
    I hope you can get some good advice!
     
  5. DragonEggs

    DragonEggs Chillin' With My Peeps

    May 11, 2010
    Borger, TX
    I would fight it and fight it hard! It would be best to get your whole neighborhood involved. In FL the way a neighborhood and property looks is VERY important to a lot of people. Don't let them bully you or try to tell you that you can't or theres nothing you can do or that you have to do what they say REFUSE! Like Pineapple Mama said, DONT SIGN ANYTHING DONT AGREE TO ANYTHING! Don't take any money! Laugh at their offers, insist that what they want isn't worth it. If you fight it long and hard enough they'll either give up and find some way to do it without using your property (though even putting it next to you can lower your property value, you and your neighbors can still fight it even if they put it on public land) or abandon the project alltogether.

    I have a trained service dog who was conducting a standard training routine on the side of the road. A lady texting on her phone strayed off the road and hit my dog. He almost died and I have $3000 in vet bills from having his leg reconstructed (the damage was so severe they said he might never use the leg again). She tried to collect another large amount (over $2000) for damages to her car from me (for a cracked bumper and headlight, seriously?). I refused. Her insurance company contacted me and I refused and very boldy (and almost nicely) told them to "shove it". The insurance company hired a lawyer. I told him if he really thought they had a case to take me to court but I wasn't gonna pay for her carelessness (claimed that I was violating the leash law in a county that had no leash law and everyone knows service dogs are exempt anyway). I gave the lawyer a large list of animal organizations that were behind me (PETA, ASPCA, Brown Dog Association, Panhandle Search and Rescue, etc). All of a sudden the harassing phone calls have stopped and no one has bothered me for months now. I even got a petition started to get the speed limit on that road lowered. Its around election time so I posted flyers showing how many people had signed the petition that said "We'll vote for they guy who lowers the speed limit". We got our message accross very well (temporary signs to slow down have gone up until they make a decision)

    The point is they don't want to mess with "the people". We are the power and they know it. The city knows it ( YOU elect their officials), Lawyers know it (they HATE getting involved with reknown organiztions like PETA, so try getting together a neighborhood committee. That will REALLY scare them).

    This is America, you have a voice, use it! Fight it!
     
  6. twentynine

    twentynine Chillin' With My Peeps

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    Even if the have an easement, I don't think they can block your driveway.

    Now they may be able to put a pole up next to your driveway, but not directly in your driveway.

    They may offer to move your driveway.

    Goodluck with the fight. Down here some of the locals had an undisclosed utility easement across their property. They bought the property not knowing the easement was there. Years later the power company wants to contruct a transmission line on easement. Well the transmission line is their.

    I think the power company actually moved a couple trailer homes, driveways and stuff.
     
  7. SillyChicken

    SillyChicken Overrun With Chickens

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    Hopefully you'll be able to fight it. But they have the easement, so they can do what they want...... not to mention if they claim eminent domain, they could take more and give you nothing......
     
  8. bigstack

    bigstack Chillin' With My Peeps

    Jan 4, 2010
    Texarkana, TX
    Most of the Lawyers around here have a free consult! Then if they and you see the need you can hire them to proceed and dig deeper into the case. I would deffinately fight them! They can go underground if they just have too go across your property. It is ALOT more expensive ( especially for a huge transmission line) but it can be done.

    Good Luck and God Bless!

    Personally, I would die before they get my land!(even a small Piece of it) God Bless Texas!
     
  9. twentynine

    twentynine Chillin' With My Peeps

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    Further reply-----

    When you purchased the property was the location of the easement disclosed?

    If it was,------- draw your own conclusion.

    Fight it if you want, but I think you are beating your head against a wall.

    Bigstack---- if you purchased your property with an easement--- ain't nobody taking it from you, you alrea
    dy signed it away.

    Question----- if not on the easement, where should the power company put the power line?
     
    Last edited: Jun 15, 2010
  10. PurpleChicken

    PurpleChicken Tolerated.....Mostly

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    I'd try and persuade or force the power company to buy my entire property for fair market value.
     

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