New Utility Easement (agreement, construction, property, attorney)

[spencgr]

I was just approached by my electric company that they want to bury some power lines in my back yard. The lines currently traverse my yard; and they want to bury them on the same path. I am being asked to sign a Right of Way agreement granting them this easement.


Upon reading the Right of Way Use page on their website; I must contact them in the future for any topographical or improvement changes to the easement. They list the items that are typically denied:

• Buildings, building extensions, building additions or any portion of a building - such as homes, offices, garages, barns, sheds, roof overhangs, gutters, balconies, decks, porches and covered patios

• Debris, scrap or waste materials, fill, spoil material, stumps, large boulders, concrete debris, asphalt debris and construction debris
• Retaining walls
• Swimming pools, wells, septic tanks, drain fields (to include engineered systems), fuel tanks and propane tanks
• Storm water ponds, Best Management Practices (BMPs), retention ponds or any man-made pond
• HVAC units
• Burial sites, family plots and cemeteries
• Satellite dishes and television antennas
• Any type of fire or burning
• Most watercraft
• Parallel roads and utilities
• Stored trailers, motor homes/recreational vehicles (RVs) and inoperable vehicles
• Playground equipment
• Solar panels
• Dumpsters and trash receptacles
• Sprinkler systems (excluding drip systems)
• Fire hydrants
• Building materials

So, is this something a homeowner should normally get compensated for? The total easement ask is approximately 60' x 15' (900 SF) and essentially divides by back yard in half.



(Yes, I will talk to a real estate attorney, but just wondering if anyone has experience with this and knew of some generalities.)


I'm in Virginia, if that matters.


Thanks.

[MikeJaquish]

Don't they currently have an easement with some restrictions?


Here, I have seen people required to remove above ground swimming pools from under overhead power lines, enforceable because of the easement.

[jiminnm]

Yes, you should be compensated. The more restrictions placed on your use of your property should equate to a higher compensation. Every successive owner of your property will be restricted as you will be, so if their restrictions seriously hinder the use of the property the compensation should be commensurately higher.

They likely have a standard form easement document that they should give you for review. Many states, including Virginia, give public utilities the power of eminent domain. The utility needs required to exercise that power differ by state, so you might find out what is causing them an easement. Just be aware that if the utility has eminent domain power, they can elect to proceed with the use of your property and you would have to litigate the compensation.

[Diana Holbrook]

It may not be a LOT more restrictive than your current easement.... would be good to compare.

Many homeowners would think this is a net benefit, in order to get rid of the visible overhead lines that many find unsightly.

[spencgr]

Originally Posted by jiminnm

Yes, you should be compensated. The more restrictions placed on your use of your property should equate to a higher compensation. Every successive owner of your property will be restricted as you will be, so if their restrictions seriously hinder the use of the property the compensation should be commensurately higher.

They likely have a standard form easement document that they should give you for review. Many states, including Virginia, give public utilities the power of eminent domain. The utility needs required to exercise that power differ by state, so you might find out what is causing them an easement. Just be aware that if the utility has eminent domain power, they can elect to proceed with the use of your property and you would have to litigate the compensation.

Thank you. I know there are a LOT of variables, but is there any sort of formula to determine amount? Who would be the best person to come up with a number?

[TwoByFour]

Originally Posted by spencgr

Thank you. I know there are a LOT of variables, but is there any sort of formula to determine amount? Who would be the best person to come up with a number?

Once you sign that easement there is no going back and you are permanently devaluing your property. If you have any plans to sell it I would not give up an easement that divides it in half unless the compensation is well worth it.

[Okey Dokie]

Is this burying your service line to your house or something bigger?

[rational1]

Originally Posted by TwoByFour

Once you sign that easement there is no going back and you are permanently devaluing your property. If you have any plans to sell it I would not give up an easement that divides it in half unless the compensation is well worth it.

OP apparently already has an overhead power line. All other things being equal, replacing it with an underground line would increase the value of his property.

He should look carefully at how the use restrictions will change (as they are probably already present). But the right answer may be "Yes sir, please sir."

[spencgr]

Originally Posted by Diana Holbrook

It may not be a LOT more restrictive than your current easement.... would be good to compare..

There is no current easement. While, by county code, I couldn't put a pool under the lines, I have no obligation to obtain approval from the electric company to make any changes to that part of the yard.

Originally Posted by Diana Holbrook

Many homeowners would think this is a net benefit, in order to get rid of the visible overhead lines that many find unsightly.

Well, yes, this was my first thought....but, this is only burying the electric lines. There are also telecommunication lines up there as well. That is still unsightly. And, I have learned, that it would require them to install a guy wire (stabilization wire) to the current pole. So, instead of just a pole next to my fence, I will now have the pole, as well as a wire coming from the pole 15' into my yard.

Originally Posted by Okey Dokie

Is this burying your service line to your house or something bigger?

Power to my house is already buried. But, it isn't a "bigger" thing; as he says the scope of the work only involves my yard and my neighbors.

[reed303]

Why are they running the line thru middle of yard, as opposed to across the rear lot line, like most buried 120/240V lines are ? Is this a rural location, or irregular lot ?