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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 by BOSCEAUX
Where the Down Boys go.
Member since Mar 2008
47762 posts
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
Posted by SidetrackSilvera
Member since Nov 2012
1947 posts
Posted on 1/17/24 at 3:39 pm to
I can say unequivocally that it depends.
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
51373 posts
Posted on 1/17/24 at 3:39 pm to
I'm too poor to know the answer to this question.
Posted by armsdealer
Member since Feb 2016
11524 posts
Posted on 1/17/24 at 3:40 pm to
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 by bbeck
Member since Dec 2011
14565 posts
Posted on 1/17/24 at 3:40 pm to
I’m gonna say no

Not a lawyer
Posted by Bluefin
The Banana Stand
Member since Apr 2011
13264 posts
Posted on 1/17/24 at 3:41 pm to
You're at least owed compensation if the power poles disrupt your drone hobby.
Posted by thefodgather
Member since Jan 2024
108 posts
Posted on 1/17/24 at 3:41 pm to
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 by Geauxld Finger
Baton Rouge
Member since Jan 2005
31777 posts
Posted on 1/17/24 at 3:41 pm to
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 by ItzMe1972
Member since Dec 2013
9824 posts
Posted on 1/17/24 at 3:42 pm to
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.
Posted by JDPndahizzy
JDP
Member since Nov 2013
6448 posts
Posted on 1/17/24 at 3:42 pm to
Maybe before installation. If the poles are there already you're probably fricked.
Posted by Jor Jor The Dinosaur
Chicago, IL
Member since Nov 2014
6601 posts
Posted on 1/17/24 at 3:42 pm to
Posted by MorbidTheClown
Baton Rouge
Member since Jan 2015
66355 posts
Posted on 1/17/24 at 3:42 pm to
quote:

This is in Louisiana


then it's just a matter of who the person knows.
Posted by BOSCEAUX
Where the Down Boys go.
Member since Mar 2008
47762 posts
Posted on 1/17/24 at 3:44 pm to
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 by Corinthians420
Iowa
Member since Jun 2022
6768 posts
Posted on 1/17/24 at 3:44 pm to
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 by Louisianalabguy
Member since Jul 2017
317 posts
Posted on 1/17/24 at 3:46 pm to
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.
Posted by BOSCEAUX
Where the Down Boys go.
Member since Mar 2008
47762 posts
Posted on 1/17/24 at 3:46 pm to
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 by OWLFAN86
The OT has made me richer
Member since Jun 2004
176137 posts
Posted on 1/17/24 at 3:48 pm to
SCOTUS bout to rule on a Texas case that will impact these sort of things
Posted by LSUnation78
Northshore
Member since Aug 2012
12084 posts
Posted on 1/17/24 at 3:50 pm to
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.
Posted by LSUnation78
Northshore
Member since Aug 2012
12084 posts
Posted on 1/17/24 at 3:50 pm to
This was chatgpt’s answer until i clarified the property is in Louisiana.


Then it just said “good luck”
This post was edited on 1/17/24 at 3:51 pm
Posted by MeridianDog
Home on the range
Member since Nov 2010
14253 posts
Posted on 1/17/24 at 3:51 pm to
There normally is a utility easement. Otherwise the power company should have to pay for one.

I am not a lawyer.
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