Received letters asking for Right of Entry for new 500KVA power line for surveys and studies. They are in the process of choosing the route and the EIS is being done. The BLM has already designated their preferred route and the route past our land is an alternative (actually the shortest).
So it turns out that the line would pass about 2300 feet north of where I've spent about a $100,000 putting in the road, water, power and future sewer for our dream house. The towers would be 140 to 190 feet tall.
Would you give the ROE? Do you think the power line would devalue the property?
I'd assume that in the end eminent domain would rule the day, both for ROE for design and the easement. The easement will be 250 feet wide and will not hit our land unless the line is relocated from the present proposal. Maybe the line would just add to the view.
The project is the Gateway South Transmission Line Project for Rocky Mountain Power. It shows the power of GIS as they have a landowners parcel map site set up. Fairly simple to use just click on the parcel and the landowner and status of the ROE request comes up. Several ways to search for parcels on a 400 mile long route with several alternatives.
Here is the website:
My brother called me and wanted to know why all the lines where off about 50 feet. My answer is that everybody wants these maps, they are great but society will not pay the surveying cost to make the coordinates accurate. They have all the shape files for the parcels done from the record, they just don't match the reality on the ground. Same story as the last 200 years.
Based on what we see more and more every day, it will happen whether you want it there or whether you don't. Being a pain in the rear tends to be profitable in the long run. Sad, but oh so true as proven over and over.
Should I ask for compensation for the ROE and do they pay? Being a surveyor myself I'm not sure I want to go there.
The Utah legislature passed a law a few years ago that makes trespassing on Ag land a Class 3 misdemeanor. It's an automatic criminal offense with a $500 fine for being there without permission. Before that it was a civil problem where you had to pay damages, no damages hard to make it stick.
In my experience with a major Midwestern power company, landowners who refused right of entry were simply taken to court, where ROE was invariably granted. No compensation for ROE was ever paid that I remember, except for damages (mainly trees).
Having worked
on the "other side" for water, sewer, gas and power lines, you can challenge right of entry but in all probability you will lose. You can delay the survey but if the power company has the right of Eminent Domain (I assume they do) the court will order right of entry. I've only seen this fail a couple of times and that was due to the engineers NOT choosing the most judicious route. To the best of my knowledge no one that I've ever worked with has ever paid for right of entry (except any damages).
Andy
As an aside, IF the power line does cross your property THAT is when you can recoup for loss of value on the property. You may have to hire an appraiser to derive the loss of value. I would also recommend having them condemn the right of way (maybe a friendly condemnation). There are tax savings for income from condemned property as opposed to the normal sale of right of way. As always, check with a real estate attorney before accepting any advice over the internet though.
You'll know who your neighbour is and that there won't be a superhighway next door !
DGG
Neighbors
Few years back I applied to P&Z for a conditional use permit for a small precast concrete plant on the farm. Had some neighbors go bizirk at the hearing. One neighbor to the north that this 500KV line would cross said I was going to destroy his planned subdivision. Going to pollute the ground water (ain't any water table). Silicate sand dust was going to cause cancer and heck knows what else. Plant was going to be unsightly and stop his plans dead in the water. Well, he does not have a decent road, any water, no power. I have the road that would best serve him and the power into my property and the water from the nearby city. We also have irrigation water which they don't. It all could be extended BUT IT AIN'T Going to be, not after that. You'd think he would want to cooperate instead of poisoning the well with us. At best he's got a poor dry horse pasture and a few rattle snakes and I'm on the P&Z Commission now.
Man I wish I was there when he opened the letter and seen that 500KV power line going right through the middle of his property!
Neighbors
> Few years back I applied to P&Z for a conditional use permit for a small precast concrete plant on the farm. Had some neighbors go bizirk at the hearing. One neighbor to the north that this 500KV line would cross said I was going to destroy his planned subdivision. Going to pollute the ground water (ain't any water table). Silicate sand dust was going to cause cancer and heck knows what else. Plant was going to be unsightly and stop his plans dead in the water. Well, he does not have a decent road, any water, no power. I have the road that would best serve him and the power into my property and the water from the nearby city. We also have irrigation water which they don't. It all could be extended BUT IT AIN'T Going to be, not after that. You'd think he would want to cooperate instead of poisoning the well with us. At best he's got a poor dry horse pasture and a few rattle snakes and I'm on the P&Z Commission now.
>
> Man I wish I was there when he opened the letter and seen that 500KV power line going right through the middle of his property!
Wow sounds like you have it out for this guy now, with you being on the Planning and Zoning Commission you should abstain from any vote about this mans property.
Neighbors
In Utah developers can't be denied if their plans conform to the rules.
The guy will get everything he deserves. He just won't get any help from me.
