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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
Posted by White Bear
Yonnygo
Member since Jul 2014
14027 posts
Posted on 1/17/24 at 5:48 pm to
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?
This post was edited on 1/17/24 at 5:54 pm
Posted by BOSCEAUX
Where the Down Boys go.
Member since Mar 2008
47763 posts
Posted on 1/17/24 at 5:48 pm to
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 by BRich
Old Metairie
Member since Aug 2017
2232 posts
Posted on 1/17/24 at 5:50 pm to
Some of y'all need this lesson:

POLL:


POLLS:


POLE:


POLES:

Posted by geauxbrown
Louisiana
Member since Oct 2006
19564 posts
Posted on 1/17/24 at 5:51 pm to
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 by BOSCEAUX
Where the Down Boys go.
Member since Mar 2008
47763 posts
Posted on 1/17/24 at 6:05 pm to
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 by DoctorO
BTR
Member since Jun 2010
276 posts
Posted on 1/17/24 at 6:58 pm to
Depends if it is run on servitude.
Posted by CovingtonTiger
Covington, LA
Member since Oct 2007
542 posts
Posted on 1/17/24 at 7:47 pm to
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.
Posted by White Bear
Yonnygo
Member since Jul 2014
14027 posts
Posted on 1/17/24 at 7:51 pm to
quote:

Also, the utility company can claim eminent domain ( but only if it proves a legitimate public purpose) and compensation is still owed.
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.
Posted by Pepperoni
Mar-a-Lago
Member since Aug 2013
3486 posts
Posted on 1/17/24 at 8:09 pm to
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 by CovingtonTiger
Covington, LA
Member since Oct 2007
542 posts
Posted on 1/17/24 at 8:22 pm to
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 by cajunandy
New Orleans
Member since Nov 2015
674 posts
Posted on 1/17/24 at 8:32 pm to
contact your commissioner on the Louisiana Public Service Commission and see if he will lay out your options.
Louisiana Public Service Commission
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