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Easement removal?

42OhmsPA

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Figured this was the best section...

Has any dealt with removing a utility company easement?

I'm looking at land, the high tension power lines were recently removed and relocated but there is still an easement on the deed...

Of course this would be a prime area to build.

My senses tell me to stay away but the location is excellent, the views are awesome and the timber value is nothing to ignore...
 

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That is a complex situation. I can’t give legal advice. If you can get hold of a friendly public utility commission (PAPUC) attorney, they can describe the process used to get something like a certificate of convenience and necessity to obtain the right of way for the new line. If it’s like here, the new line was a multi year contested case process. An administrative hearing, environmental study, yada, yada, yada.

If the system is electronic, get a docket number and maybe you can log on and read some of the pleadings. They file these cases and bring in the paperwork on pallets. Literally.

All that is to say, there are people who will know the status of the abandoned easement and whether it is planned to be used again.

It’s a big deal to relocate existing transmission. There were reasons. Maybe those reasons will keep it from ever going back in. Maybe. Some detective work will pay off.

All the best.
 
Thanks for the replies.
I can understand why they wouldn't want to...
Maybe I'll throw in a reasonable offer contingent on the seller removing the easement from the deed and see what happens.

I've read through their right of way use guidelines and want nothing to do with it...

Edit to add I had to use 4wd to get up a section of the lane, well didn't have to but made life easier, so I can also see why they might not want access anymore.
The relocation was part of a massive new distribution line spanning miles and miles so maybe just maybe I'll get lucky.
 
Thinking about it, there may have been an environmental remediation plan approved as part of the petition to decommission. That document might have a background section on why it was abandoned and what the future plans are.

Is the seller the utility? That would be super helpful.
 
I once owned rural mountain property with electrical transmission wire easement. I wouldn't try to use the area - they do routine 'maintenance' and cut trees, clear things, tear up the land, do whatever they want and there's no notification to the land owner. Personally - I'd be cautious :)
 
David and Goliath, no reason for Goliath to give up his shield. David may win, but unlikely, Goliath has a large shield made of a 1000 attorneys
 
Unfortunately no, the seller is a reality group which could help or hurt. It's not listed on the market yet...
 
Thanks for the replies.
I can understand why they wouldn't want to...
Maybe I'll throw in a reasonable offer contingent on the seller removing the easement from the deed and see what happens.

I've read through their right of way use guidelines and want nothing to do with it...

Edit to add I had to use 4wd to get up a section of the lane, well didn't have to but made life easier, so I can also see why they might not want access anymore.
The relocation was part of a massive new distribution line spanning miles and miles so maybe just maybe I'll get lucky.

Might be easiest to move the easement rather than to try to have it vacated entirely.

Was this like a 115Kv substation feed or something larger/smaller?
 
Might be easiest to move the easement rather than to try to have it vacated entirely.

Was this like a 115Kv substation feed or something larger/smaller?
Good tip on moving it. Thanks.

Not sure what it was, I know the new one is much larger and much further away off the property.
I have good friend that's a lineman for the area, I'll give him a call tomorrow and see what he can find out...
 
Good tip on moving it. Thanks.

Not sure what it was, I know the new one is much larger and much further away off the property.
I have good friend that's a lineman for the area, I'll give him a call tomorrow and see what he can find out...

My question has to do with the line type due to tower spacing.

It's a lot bigger deal to put a 90 degree turn as line voltage and hence tower spacing gets greater.
 
I was thinking 345kV but maybe this was something else. Having it removed as a condition of sale cuts through everything. Free and clear title, without easement or encroachment, subject only to the loan instrument.

Good luck.
 
I once owned rural mountain property with electrical transmission wire easement. I wouldn't try to use the area - they do routine 'maintenance' and cut trees, clear things, tear up the land, do whatever they want and there's no notification to the land owner. Personally - I'd be cautious :)
Here, the utility has to notify, in writing, abutting land owners prior to the use of herbicides. The landowner has the right to refuse the use of herbicides and the utility has to use other methods of vegetation control.
But other than that, they can mostly do whatever they want. This may not be the case everywhere.
 
Id talk to the utility to directly. If they have no plans to use it you may be able to strike a deal. Are they maintaining the easement? Mowing it, etc.
 
My dad owned 20 acres and wanted to give me a parcel to build a house. As it turned out, the only place suitable to build was in an easement the power company held for a possible future high tension line. These easements were purchased from the original farm owners back in the 1950’s and although through my communications with the power company they acknowledged there was zero percent chance they would ever build a power line there, there was an equally zero percent chance they would sell it back. I even got the Pennsylvania PUC and AG involved on my behalf but the utility wouldn’t budge. I finally built in a different place.
 
Read what the easement actually says. Mine says something along the lines of "I will not build a permanent structure on, over or under the easment a structure that may interfere with or endanger the distribution line". If that's what yours says then you can build anywhere because there are no lines to interfere with or endanger.

The easements also usually say that they can enter your property to maintain the brush so that it does not interfere with the lines. Again, since there no longer any lines they can't enter your property.

Easements give the right to access and maintain part of your property but they do not cede that land to the utility. It is still your land. Since they pulled the line out they gave up a lot of the rights to access and maintain the land since there is no possible detriment to their lines if it grows. No line = no access.

They may maintain the right to put the line back but that's a long shot, if they wanted it there they wouldn't have removed it.

Go look up the easement, it should be filed at the land registry office.
 
Thanks for the replies and advice.
Since they removed it and put a new line up a few miles away I'm a little hopeful about it but not holding my breath.
It doesn't appear to be maintained.

I'll reply back when I know more.
 
Years ago, I worked for a small regional public utility (water) and we had lots of easements obtained over the 100 years of operation. A lot of them were on rural land originally that in the intervening years have become potentially quite valuable due to the location. It was located in the State of Maine and be aware the laws in every state may be different. As they were a public utility, they had eminent domain rights. All they had to do was fill out a form, file it with the registry of deeds and the utility had an easement. Sounds simple but the aggrieved owner had the right to go to court to contest the value they deserved for the taking of the easement and generally the court will allow expansion of contesting the need for the easement to begin with. This can delay things for a very long time, so the utility generally makes a voluntary attempt to buy the easement versus taking it. In many cases, the owners didn't have a great use for the land and rather than have an impacted property with an easement on the land they would sell an entire parcel, much larger than needed for the utility's needs. These parcels would remain on the books "forever" as a public utility is a non profit and there really was no incentive to sell surplus parcels. For the summers I worked for them in the "engineering department" that held the easement records, people were coming in all the time asking about buying unused or surplus land or getting an easement removed. The policy was and had been for as long as any long term employees remember was no. There were some right of ways that had been bought in the 1940s for a future pipeline not yet built 80 years later but they actively checked the right of way on a routine basis and I remember several times where the utility started legal action to have structures moved that were built on the right of way. Be aware that squatter rights (AKA prescriptive rights, or adverse possession) do not apply to government lands like the utility I worked for. But they amy apply to private corporation. Dependent on your states laws you may be able to use squatters rights but be aware you could be facing major legal bills and the rights may not extend to future owners.

Eminent Doman takings are involuntary, and they typically are the just a strip with rights, in most cases they do not own the land underneath only rights to do, build or access something. Rarely will a utility ever release a strip taken by eminent domain as the heirs of the original owner could reappear and try to take control over the easement unless compensated. If it was a voluntary easement, it could be sold but generally the policy is to not do so unless is of benefit to the company. One other thing to consider is that the easement across the lot may be the key to tens if not hundreds of miles of easement so releasing that one strip could make the entire route worthless and some of the rest of the route may have been taken under eminent domain. Far easier to not mess with it.

Note, if the utilities feel that releasing easements are of value to them, they can change policy and make special exceptions. That is what I saw with the utility I worked for and have seen it done with others. Usually, its a potentially high positive publicity project like donating a piece of no longer used land to a public or nonprofit entity usually with retained rights. The utility I worked for had one large central water source but over the years they had acquired several ponds that formerly had been used as reservoirs. These were fenced in wild ponds that may not have had any human presence for 100 years and as the years went by the area around them was developed. In the two cases I was aware of, one set of ponds was donated to the Boys and Girls clubs for a youth camp and the other donated to a municipality as a park. No money got passed. During a recent very controversial project the regional power utility was trying to build a large merchant transmission line in the state. The state had passed legislation from allowing the firm to take land by eminent domain so the utility had to buy land privately. In some cases they paid 10 times the street value. The project was eventually not approved and about 2 years later, the utility with minimal publicity handed some of the land to the original owners for zero cost and some of the land was given to a LLC whose owners are yet to be identified. The ratepayers ended up eating all the cost for buying the land but at least it was released back into private hands.

On rare occasions usually with corporate mergers a new company may elect to abandon unused easements but that is pretty rare. I have a piece of property originally owned by New England Telephone adjacent to mine that is too small to build on. NET was paying taxes on it. NET ended up selling out to a succession of owners and at one point one of the owners transferred it to my local town for zero dollars just to get it off the books. That is your one potential, if it the utility is paying taxes on a right of way, they might elect to transfer it just to get it off the books but that would usually be for multiple properties and not by an individual request.
 
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