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Is a property owner owed financial compensation for power poles ran on their property.
Posted on 1/17/24 at 3:38 pm
Posted on 1/17/24 at 3:38 pm
To bring power to another persons property? The person is in effect losing property. I found a few things that say you have to allow it if it’s the shortest route but the other property owner should compensate you Anybody have any experience with this. I know you have to allow access to “landlocked” properties if your property is the only access but what about utilities if across your property is not the only access. Thanks.
This is in Louisiana
This is in Louisiana
Posted on 1/17/24 at 3:39 pm to BOSCEAUX
I can say unequivocally that it depends.
Posted on 1/17/24 at 3:39 pm to BOSCEAUX
I'm too poor to know the answer to this question.
Posted on 1/17/24 at 3:40 pm to BOSCEAUX
It depends is the only answer I can think of that is appropriate in this situation. My Dad owns a property that he gets paid for servitude access, I didn't know it was a thing.
Posted on 1/17/24 at 3:40 pm to BOSCEAUX
I’m gonna say no
Not a lawyer
Not a lawyer
Posted on 1/17/24 at 3:41 pm to BOSCEAUX
You're at least owed compensation if the power poles disrupt your drone hobby.
Posted on 1/17/24 at 3:41 pm to BOSCEAUX
quote:
have to allow it if it’s the shortest route but the other property owner should compensate you
I seriously doubt there is a law on the books that uses the word "should"
Posted on 1/17/24 at 3:41 pm to BOSCEAUX
Typically if it’s in a utility easement, no you are entitled to nothing. This is why there are setbacks. If nothing exists, you’re entitled to tell them no I’d think
Posted on 1/17/24 at 3:42 pm to BOSCEAUX
Is there a utility easement (right of way) on the property?
A survey will show this. You may have received one when you bought the property. If not the courthouse may have one.
A survey will show this. You may have received one when you bought the property. If not the courthouse may have one.
Posted on 1/17/24 at 3:42 pm to BOSCEAUX
Maybe before installation. If the poles are there already you're probably fricked.
Posted on 1/17/24 at 3:42 pm to BOSCEAUX
quote:
This is in Louisiana
then it's just a matter of who the person knows.
Posted on 1/17/24 at 3:44 pm to SidetrackSilvera
quote:
can say unequivocally that it depends.
This is 11ish acres we own but nobody lives on it as of now (possible land for kids to build on later). The property needing the power is not landlocked by our property (physically access it elsewhere) but through our property is the shortest route to run power polls. Can this be refused if there is an alternate route that is longer and would cost more? If not able to refuse should we be compensated?
Posted on 1/17/24 at 3:44 pm to Geauxld Finger
quote:
Typically if it’s in a utility easement, no you are entitled to nothing. This is why there are setbacks
This. Time to get out your survey and find out if there is an easement.
If the poles are near a public road you are prolly SOL
Posted on 1/17/24 at 3:46 pm to BOSCEAUX
I would say yes. The property owner is losing right to develope his own property with power poles running through. Usually, there are servitudes that utility companies use.
I would also think the property owner has the right to refuse this if its not on a servitude.
I would also think the property owner has the right to refuse this if its not on a servitude.
Posted on 1/17/24 at 3:46 pm to JDPndahizzy
quote:
Maybe before installation. If the poles are there already you're probably fricked.
Nothing on it now. A long time ago we had to give another neighbor access across a corner of the property for access to their property “landlocked” which is understandable.
Posted on 1/17/24 at 3:48 pm to BOSCEAUX
SCOTUS bout to rule on a Texas case that will impact these sort of things
Posted on 1/17/24 at 3:50 pm to BOSCEAUX
When it comes to running power lines through private property, the rules can vary significantly depending on local laws and regulations. Here are some general points to consider:
1. **Easement Rights**: Utility companies often have easement rights, allowing them to use a portion of private property for infrastructure like power lines. These rights can sometimes be established without the property owner's consent, particularly if it's for public utility purposes.
2. **Refusal Rights**: As a property owner, you might have the right to refuse the use of your land, especially if the utility company has alternative routes. However, this can be subject to local laws and the nature of the easement rights the utility company has.
3. **Compensation**: If an easement is granted or imposed on your property, you are typically entitled to fair compensation. The amount can depend on various factors like the extent of the land used, the impact on property value, and local laws.
4. **Negotiation**: Often, there's room for negotiation with the utility company. You can discuss compensation, the exact placement of the power lines, and how the installation process will impact your property.
5. **Legal Consultation**: Given the complexity of property and easement laws, it's advisable to consult with a real estate attorney who is familiar with local laws and can provide specific guidance based on your situation.
6. **Alternative Solutions**: Sometimes, utility companies may consider alternative solutions like underground power lines, though these can be more expensive.
7. **Community Impact**: Consideration of the broader community impact might also play a role. The utility company's need to provide services efficiently can sometimes outweigh individual property rights.
Remember, these are general considerations, and the specific laws and regulations applicable to your situation can vary greatly. Legal advice from a qualified professional is essential in such cases.
1. **Easement Rights**: Utility companies often have easement rights, allowing them to use a portion of private property for infrastructure like power lines. These rights can sometimes be established without the property owner's consent, particularly if it's for public utility purposes.
2. **Refusal Rights**: As a property owner, you might have the right to refuse the use of your land, especially if the utility company has alternative routes. However, this can be subject to local laws and the nature of the easement rights the utility company has.
3. **Compensation**: If an easement is granted or imposed on your property, you are typically entitled to fair compensation. The amount can depend on various factors like the extent of the land used, the impact on property value, and local laws.
4. **Negotiation**: Often, there's room for negotiation with the utility company. You can discuss compensation, the exact placement of the power lines, and how the installation process will impact your property.
5. **Legal Consultation**: Given the complexity of property and easement laws, it's advisable to consult with a real estate attorney who is familiar with local laws and can provide specific guidance based on your situation.
6. **Alternative Solutions**: Sometimes, utility companies may consider alternative solutions like underground power lines, though these can be more expensive.
7. **Community Impact**: Consideration of the broader community impact might also play a role. The utility company's need to provide services efficiently can sometimes outweigh individual property rights.
Remember, these are general considerations, and the specific laws and regulations applicable to your situation can vary greatly. Legal advice from a qualified professional is essential in such cases.
Posted on 1/17/24 at 3:50 pm to LSUnation78
This was chatgpt’s answer until i clarified the property is in Louisiana.
Then it just said “good luck”
Then it just said “good luck”
This post was edited on 1/17/24 at 3:51 pm
Posted on 1/17/24 at 3:51 pm to BOSCEAUX
There normally is a utility easement. Otherwise the power company should have to pay for one.
I am not a lawyer.
I am not a lawyer.
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