Four million dollar fiber job utilizing existing power poles for majority of the route. Pole lines pass through a couple parcels owned by an attorney that has a cabin on a small lake that he uses as a weekend get away. Refuses to grant an easement to use the existing pole line. Says it will disturb his tranquility or some horse pucky like that. There is already a fiber on the poles. What he doesn't realize is that the only alternate route is using a section line easement, and his little getaway is sitting smack in the middle of it. Because of his intransigence, we'll have to clear the section line easement for 5000', 15' wide, right through the middle of his little Shangrila and construct a new pole line. The days of his tranquility are now numbered. Think I'm going to really enjoy staking this job. Hope he enjoys his new view.
Rant over. Carry on.
Just because I'm paranoid, doesn't mean they aren't out to get me.
Photos please? I love to see construction photos.
he's an attorney, his motive is likely to get money for the use
They've tried offering him money but apparently it was not enough. I'm working on a last ditch effort to make him see the light before he does so quite literally. I don't think he yet knows what's coming as a result of this, but he will soon, one way or the other. Clearing would begin in the spring and he will be besides himself once it begins.
Just because I'm paranoid, doesn't mean they aren't out to get me.
Williwaw: Tell us more about "section line easements". I can guess, but would love to hear the details. Thanks.
I can't come close to being an authority on section line easements in Alaska but John Bennett of AK DOT/PF has put out several exceptionally authoritative papers on the subject.
Highway Right of Ways in Alaska
See page 48
I use this paper prepared by John Bennett as a guideline in researching RS 2477 Section Line Easements. As the lands in question in this case were previously in State ownership, they're automatically subject to a 50' section line easement on either side of the section line, putting this guy's cabin squarely in the middle of a State ROW. I don't think he knows that. He might be more cooperative if he did. It's my client's only legal alternate route since he won't grant us an easement to use the power line.
Just because I'm paranoid, doesn't mean they aren't out to get me.
Back in the fall I had a rather angry attorney chewing on my ear. (I was 600 miles away at the time thank goodness.)
We are working on installing a new gas line with new easement adjacent to an existing easement. She was ok with the new line but only if we put the line on the side of the existing line away from her house. She was very insistent that she would not allow the line and new easement on the house side of that existing line.
After I got to where I could look and see how much impact that would have I had to laugh. The existing line is more than 600 feet from her house through existing dense forest. There is zero chance she will see anything we do no matter which side of the existing line we use.
Like you say .... some people.
Larry P
There must be a breakdown in communication. I expect if a survey and exhibit was prepared showing the alternative, he would come around at the last minute and settle.
Oh there's a break down there alright Mr. imaudigger. Not only is he an attorney, but he's lives in California. He's the only person standing in the way of bringing high speed internet to a lot of underserved rural Alaska residents. To span a portion of the lake they'll need to set a pole right between his cabin and the lake. Like I said, I'm going really enjoy staking this job. A lot more than usual. 😀
I did an exhibit today showing him what's about to happen. Drop dead date is the 20th. His MO is to ignore the registered letters until he sees fit. Part of me hopes he sticks with that.
Just because I'm paranoid, doesn't mean they aren't out to get me.
I love my job. I love my job. I love my job.
When I first started at AKDOT John's paper was one of the first things I was told I should read, it's such a great resource. He's on the agenda for a seminar at the upcoming conference, hope I get to go.
I took a gander at the document you linked to. It says that the section line easements are for highway purposes. Would this include utilities like you mention?
Has to go through public process, but in short, yes. The State has final say, not private estate.
Just because I'm paranoid, doesn't mean they aren't out to get me.
> I took a gander at the document you linked to. It says that the section line easements are for highway purposes. Would this include utilities like you mention?
Guess the best answer I could find is it depends. Look at page 12 of 99 of the document. It defines the scope of highway easements.
My initial reaction about non-vehicle use was the same. In fact, I had to explain to a town that the ROW where they wanted to install new waterlines was only prescriptive and therefore they had no easement or right to replace the waterline. We were able to take care of it with some official easements for only the cost of my time to create them.
So I looked at the document referred above. Case law listed on pgs 59-60 specifically states that utilities are considered part highway use. In the case of communication lines, the courts viewed the utility line as nothing more than a replacement for the "pony express" and the traveling of the road to move mail.
So thanks for the post. Just confirms to always get familiar with the local rules of engagement.