I have a property on a highway and a couple of days ago I went there and found surveyor stakes all along the front of it, starting at one corner and ending at the other corner, a distance of around 710 feet. They were marked with "ROW" so I knew their general purpose.

Today I get a letter and packet of information from a company that Entergy has contracted to acquire electric distribution easements. They want to buy 18' along the entire frontage. I know there are setback requirements as to buildings and such outside the easement pursuant to the National Electric Safety Code, I think based on voltage and other things, so I do not yet know how much land use I am going to be out, the 18' of course plus the setback. Their offer is a whopping $5 a linear foot.

Unsure why it only runs along my property line and not to any property on either side, but will find out Monday. That makes no sense to me.

I have had a lot of experience with pipeline easements and some with fiber optic easements but not with electrical distribution easements. I know many on here are landowners and have dealt with easements. I am wondering if I have a leg to stand on as far as trying to negotiate the same rate per rod as for pipeline easements. In both situations, the landowner is giving up some, though not all, use of the land within the easement and, in this case, along the outside of the easement. Plus, this easement is not across a hay field, it is along the entire frontage of an operating business.

If anyone has any experience with this sort of thing, I'd appreciate your thoughts.

You should be able to build things up to a certain height inside the easement. Like you can build a fence along the property line and cross fenced into it he easement.

There should not be any restrictions outside of the 18' easement

The NESC should dictate the width of their easement.

I would think an 18' easement would be wood pole with cross bars 25kv or less.

I don't know about negotiating with power comapnies. The ones I have been involved in were getting power for a pipeline.

Sounds like a typical aerial power distribution easement. They want an easement out of the right of way because the state or municipality can make them move out of the right of way in the future if the road expands. They typically don't restrict surface use below the easement except at height or which would significantly restrict access for maintenance. They might already have UE on either side.

Generally, it is habitable structures or barns etc. You can build fence, roads, etc.in the easement. Height is also restricted. Good luck fighting the utility (25 years utility experience here). You may be able to get a little more $, but it will not be substantial.

I really appreciate everyone's input. Yeah, I realize any negotiating with the utility company will be an uphill battle. I have an attorney friend who has done quite well in pipeline negotiations (we had mutual clients) with all the major oil and gas and pipeline companies, but not sure if he has done any utility easements like this. He will do anything pro bono so we will take a stab at it and take it from there. I have drafted an email to him about all this.

As to the normal things you can and can't do within the easement, I am aware (I think) of all of those things, but this agreement also specifically mentions buildings outside the easement, but adjacent to it. I will get my electrician who does a lot of overhead power line work in one of his companies to let me know what the safety code calls for relative to that.

I have been looking into this most of the day and it makes my head hurt. Time to crawl up on the tractor!

Thanks again all of you.

Did they enter onto your property without permission. If so, I would mention that they didn't have ROE and could help set a tone that they need to reconcile a bit. You may be able to get them to throw in a new fence or other improvements in exchange for not fighting it. Or, if you have a recommendation for a route that impacts you and others less you can recommend it.

tamc91 said:

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Did they enter onto your property without permission. If so, I would mention that they didn't have ROE and could help set a tone that they need to reconcile a bit. You may be able to get them to throw in a new fence or other improvements in exchange for not fighting it. Or, if you have a recommendation for a route that impacts you and others less you can recommend it.

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You must have read my mind. This morning I realized that they did not call or otherwise ask permission to enter the property and that will be one of my initial comments, exactly for that purpose, tone setting. Additionally, their map is incorrect as to the property involved. I think they have made another mistake in what they have provided me, but still researching that, if so, I will bring it up. So my idea is to set the tone initially discussing those things.

Funny they are quoting linear feet in their pricing, I have never seen that with any easement, always in rods. I guess saying $5 a linear foot sounds like a larger amount that 27 cents per square foot, lol

I will go down tomorrow to see how many trees are in the easement, there are some decent oaks but not sure if on my side of the highway easement or in the state of Texas easement for the highway.

Also need to see if our expansion plans will be impacted, might still be room, might not. And need to see if my sewer facility is within the easement area, I know my electrical panels/rack is. Not sure if they have given any consideration for that, i.e., it can stay (doubt it) or will have to be removed. That won't be cheap.

I have a relative who serves on one of the special commissioners' boards that deals with condemnation hearings in another county. I have compiled a list of my negotiating points and want to pick his brain as to whether he has encountered a situation like this and his thoughts on my points. I do his mother's tax return pro bono so he owes me some thoughts and comments!

I realize odds are very stacked against me but a dollar is dollar so will give it a go.

I appreciate you comments.

When it comes to something like this, there are no dumb questions. You may not get an answer to everything, but at least the person handling your property will know your concerns. As far as value of the trees go, they're tied to the value of the land (there is case law to back this up). The only exception is for trees that you may have planted, and even then, you may not be able to get money for them. You can still ask for money for them, and you may have to give something else up to get money for them, but the law is on their side.

Your concern for buildings outside the easement may be misplaced, as the easement generally can't impact anything outside their easement. If it did, they would have to acquire those rights. If it's not too much trouble, can you post a copy of their easement?