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re: Is a property owner owed financial compensation for power poles ran on their property.
Posted on 1/17/24 at 5:48 pm to BOSCEAUX
Posted on 1/17/24 at 5:48 pm to BOSCEAUX
You do not have to give them shite unless there’s an easement already in place.
Ask them if there is an existing easement and if so request the recorded document(s) reflecting such. I’d then verify by running the title.
Unless a new easement will help you and you future development plans?
Ask them if there is an existing easement and if so request the recorded document(s) reflecting such. I’d then verify by running the title.
Unless a new easement will help you and you future development plans?
This post was edited on 1/17/24 at 5:54 pm
Posted on 1/17/24 at 5:48 pm to rodnreel
quote:
No money is changed hands because it enhances your property.
Not in all cases. What if the area they put the poles up is where you might want a future driveway for your property and your plan for power to a future property was to bring it in discreetly via underground transmission line.
Posted on 1/17/24 at 5:50 pm to dgnx6
Some of y'all need this lesson:
POLL:
POLLS:
POLE:
POLES:
POLL:
POLLS:
POLE:
POLES:
Posted on 1/17/24 at 5:51 pm to BOSCEAUX
Not sure about the law, but I know if they run power they have to cut a 40’ wide right of way. If they have to cut trees seems you would be owed for the lost timber
Posted on 1/17/24 at 6:05 pm to geauxbrown
quote:
Not sure about the law, but I know if they run power they have to cut a 40’ wide right of way. If they have to cut trees seems you would be owed for the lost timber
This property is mostly virgin timber so they would definitely be cutting down trees.
Posted on 1/17/24 at 6:58 pm to BOSCEAUX
Depends if it is run on servitude.
Posted on 1/17/24 at 7:47 pm to BOSCEAUX
The short answer is hire a lawyer with experience in property matters.
The general rule is that if an estate is “enclosed” meaning it has no access to utilities, then they are entitled to claim an easement to the nearest utility.
However, the enclosed estate must pay compensation to the inconvenienced neighbor.
The real question is whether the estate is “enclosed” under the law. That really depends on the history of the tracts and why the property does not have access.
As others have said, there may already be servitudes in existence. Also, the utility company can claim eminent domain ( but only if it proves a legitimate public purpose) and compensation is still owed.
The general rule is that if an estate is “enclosed” meaning it has no access to utilities, then they are entitled to claim an easement to the nearest utility.
However, the enclosed estate must pay compensation to the inconvenienced neighbor.
The real question is whether the estate is “enclosed” under the law. That really depends on the history of the tracts and why the property does not have access.
As others have said, there may already be servitudes in existence. Also, the utility company can claim eminent domain ( but only if it proves a legitimate public purpose) and compensation is still owed.
Posted on 1/17/24 at 7:51 pm to CovingtonTiger
quote:they wouldn’t go Ed for one residential customer I wouldn’t think. Does Ed apply to non-ferc power lines? I do not think so but do not know.
Also, the utility company can claim eminent domain ( but only if it proves a legitimate public purpose) and compensation is still owed.
Posted on 1/17/24 at 8:09 pm to LSUnation78
Here is also from AI regarding La
quote:
In Louisiana, the specifics of compensation for easements, such as those for power poles, can be complex and are governed by various laws and regulations.
According to the Louisiana Revised Statutes § 30:2036, in certain emergency situations, the state may claim an easement without compensation to the landowner, except for actual damages to property or person. This statute mainly pertains to emergencies and may not directly apply to standard utility easements, but it indicates the complexity of easement laws in Louisiana .
For standard utility easements, such as those for power poles, it’s generally recognized that property owners are usually compensated for granting these easements. These easements grant the electric company the right to install and maintain electrical power lines on private property, and they are permanent, meaning they remain even if the property is sold. The easement agreement can also include terms regarding liability and maintenance responsibilities . However, it’s important to note that the specific terms of an easement, including compensation, can vary greatly depending on individual circumstances and agreements.
It’s advisable for property owners in Louisiana to consult with a legal professional specializing in property or utility law to understand their rights and the specific legal context of their situation. This will help ensure that their interests are adequately protected and that they receive fair compensation if applicable.
Posted on 1/17/24 at 8:22 pm to White Bear
When I said the utility must prove a legitimate public purpose, my point was that it would not usually be available for a single residence. If they were about to develop a subdivision on the property, they might be able to make the claim, but I doubt it.
Posted on 1/17/24 at 8:32 pm to BOSCEAUX
contact your commissioner on the Louisiana Public Service Commission and see if he will lay out your options.
Louisiana Public Service Commission
Louisiana Public Service Commission
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