id put a stop to that one real fast. call your local police department and tell them theyre tresspassing. contact the company and let them know youve done so and if anything happens you will take them to small claims court. additionally tell them that theyve ruined your time and money invested in a food plot and you want compensated. call them up and just come unglued, its the only way to get what you want in todays world.
Power company destorying my habitat
We have had a problem the last 3 weeks with a power company coming through our land and mowing down the brush on the power line that goes though our property. They went right over my food plots, knocked down stone walls. Today I came home from work to find 20-25 trees marked to be cut down some of which are oaks and cherry trees 10" to 14" in diameter.
When I spoke to the company doing the work they tell me we gave them permission to do the work, which we did not.
Does anybody know what I can do?
When I spoke to the company doing the work they tell me we gave them permission to do the work, which we did not.
Does anybody know what I can do?
1 - 17 of 17 Posts
jlh42581 said:id put a stop to that one real fast. call your local police department and tell them theyre tresspassing. contact the company and let them know youve done so and if anything happens you will take them to small claims court. additionally tell them that theyve ruined your time and money invested in a food plot and you want compensated. call them up and just come unglued, its the only way to get what you want in todays world.
they are probably used to people thinking that they are allowed to do that and being let do what ever they want.
I would think that the power co. has a legal right of way across your land (check your deed)and control all rights to do as they see fit on it.Ductman69 said:When I spoke to the company doing the work they tell me we gave them permission to do the work, which we did not.
Does anybody know what I can do?
I'm sure that is the case. They also have the right to maintain the brush in those right of ways.darkhollowarcher said:Ductman69 said:When I spoke to the company doing the work they tell me we gave them permission to do the work, which we did not.
Does anybody know what I can do?
I would think that the power co. has a legal right of way across your land (check your deed)and control all rights to do as they see fit on it.
They have the right away , and did mine the week before archery season last year, said they would only take the brush out! Brush to them deed sanctuary to me. Well I ended up shooting the biggest Buck of my 41 year hunting career.
They were back in the summer after checking again with the hellicopter and let me know the trees right under the lines must come down. They told me the lines sink 15' in the summer and to many people complain about power outages.
If it's PPL send me a PM and I will give you a name of someone who might help you out!
They were back in the summer after checking again with the hellicopter and let me know the trees right under the lines must come down. They told me the lines sink 15' in the summer and to many people complain about power outages.
If it's PPL send me a PM and I will give you a name of someone who might help you out!
I did check my deed and there is no mention of easement or right away. I understand with the power lines they must have some right to maintain their line that's not the major issue.
They destroyed my walls and the size of the trees they have marked to cut have been here for years. Why would they need to cut them now. Then the food plot area's were only 12" to 16" tall what was the point of mowing them into the dirt.
They destroyed my walls and the size of the trees they have marked to cut have been here for years. Why would they need to cut them now. Then the food plot area's were only 12" to 16" tall what was the point of mowing them into the dirt.
If theres utilities then there is a ROW signed somewhere or they would not have put them in. Not much you can do now.
I deal with that every year on several properties I hunt. They always seem to mow and cut a week or two before the archery opener and mess things all up. I believe they have a right of way, but who knows... I'd contact an attorney and see. The police department will most likely say it is a civil matter and not want much to do with it.
Generally ROW's give right to maintain for the stated purposes. I've found that often they want to take everything and leave just grasses and broadleaves. Across SGL's we often get them to leave the low growing shrubs-crabapples, witch hazel, hazelnut, scrub oaks, viburnums, dogwoods, etc. as a good cover of these keeps the taller growing things from getting a foot hold. They should not be just going thru food plots (there a lot of power line ROWS across ag fields also). some of the power companies are even working to establish food plots on the ROW's on SGL's-cooperating with PGC, NWTF, RGS, etc. Mowing and spraying are generally contracted out. They should not mow thru your food plots-but you have to leave them a way around within the ROW also.
The right of way is often a recorded item but not necessarily embedded in your deed. Remember, the deed was written prior to the ROW being created. I have two ROWs on my 3 parcels and have never found the ROW for the REC coop ROW. Either way, I have been quite successful managing thier efforts. The major ROW I have crossing my property is 160 feet and they have the right to cut anything within that area and trees that can do damage falling into that area.
I had a beautiful oak cut two years ago that I couldn't understand either and never really got a satisfactory answer.
Please, there is no need or benefit to call and start yelling at the person on the other end of the line. Get educated, identify the right person who is directing the work, and find a way to work together.
I had a beautiful oak cut two years ago that I couldn't understand either and never really got a satisfactory answer.
Please, there is no need or benefit to call and start yelling at the person on the other end of the line. Get educated, identify the right person who is directing the work, and find a way to work together.
Wait a minute!!! You own property and you never heard of Eminent Domain?
Wonder what they're teaching in government schools?
Eminent domain
http://en.wikipedia.org/wiki/Eminent_domain
Wonder what they're teaching in government schools?
Eminent domain
http://en.wikipedia.org/wiki/Eminent_domain
The power company can do about anything that is needed to maintain the integrity and safety of the transmission lines. Under the new NERC standards that means they can mow it flat if they so desire. You can talk to them about not mowing food plots, but any trees and brush will be cut. And there is not a lot you can do about it!
I work for a utility company, and while we generally have a right of way wherever our transmission lines are, there are some that either never got signed, recorded or fell through the cracks some other way....however, recorded right of way or not, once the line as been there 21 years or more, the right of way is implied, and is just as enforceable and legal as if it was recorded...
What I would recommend you do before any more is done by the tree crew is first get a pole number near your location, contact the power companies customer contact center tell them of your concern and that you want to talk to their system forestor and R/W agent and you want their names and direct phone numbers. Set up a meeting with them and have them come out to your site and explain to you what they propose to do and why. Most likely the tree cutter is a contarctor of the power company and all he knows is that he can be there to do his work and has a job to do. I'd also tell the tree cutter not to anymore and to leave your property until he hears otherwise from his supervisor. When you talk to the R/W agent tell him to bring along a copy of the R/W agreement that he has for your property.
Most likely they will try to work with you.
Most likely they will try to work with you.
Thanks all who responded.
I have found out a lot since yesterday. The line is owned by Penelec which is owned by First Energy. They have sub contracted the work out to Aspulah?
They are to come out tomorrow and meet with me no time set yet. They were not to mow over food plots they said they will address that with their employee.
There was a right away signed in 1950. They said they will try to work with me to " be good neighbors"
We shall see.
I have found out a lot since yesterday. The line is owned by Penelec which is owned by First Energy. They have sub contracted the work out to Aspulah?
They are to come out tomorrow and meet with me no time set yet. They were not to mow over food plots they said they will address that with their employee.
There was a right away signed in 1950. They said they will try to work with me to " be good neighbors"
We shall see.
Sounds like you have handled the situation well! Hopefully you come to an agreement with them.
The owner of Asplundh is on the board of QDMA, so, remind them that their owner is a huge supporter of what YOU are trying to do.
The owner of Asplundh is on the board of QDMA, so, remind them that their owner is a huge supporter of what YOU are trying to do.
1 - 17 of 17 Posts
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