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Legal question

ire

Turbo Monkey
Aug 6, 2007
6,196
4
Our backyard is bordered on all sides by other houses and our power line runs over the yard of the guy behind us. He complained to the utility company saying that he doesn't want the power line running across his yard because he wants to build a shop. The utility company told us we had to comply and we came to an agreement on pole placement to run the power line down the fence line instead of over his yard. As I'm reading the paperwork though, they need my wife and I's signature to move forward with sticking a pole in our yard. We originally told them we didn't want to do anything, and they said that wasn't an option....are they right? What happens if we don't give them permission? Will we end up in court? Its not a huge deal, but I don't want to sign something and then regret it later.
 

jimmydean

The Official Meat of Ridemonkey
Sep 10, 2001
41,155
13,323
Portland, OR
I would say no to the pole in your yard. If the power company needs access to it, they can go into your yard and get to it without asking, as long as the pole is there.
 

ire

Turbo Monkey
Aug 6, 2007
6,196
4
I would say no to the pole in your yard. If the power company needs access to it, they can go into your yard and get to it without asking, as long as the pole is there.
The pole will be on our property, but outside of our fenced area and accessible from the front. Can they take to me to court to get the permission to plant the pole? The problem is that a pole is about the only solution to reroute the line :(
 

jimmydean

The Official Meat of Ridemonkey
Sep 10, 2001
41,155
13,323
Portland, OR
My wife says that the pole may reduce your home value and because it's not for your benefit that you should make them figure out something else.

Also, if the pole is on your yard and you have a tree nearby, that pole is now your responsibility if there is damage to it.
 

ire

Turbo Monkey
Aug 6, 2007
6,196
4
I'm going to give the power lady a call today and talk about it. I'm going to fight it, and if I'm forced to do it I'm going to try and get compensation for the pole and loss of value to the property
 

dan-o

Turbo Monkey
Jun 30, 2004
6,499
2,805
Before calling the utility, call a lawyer and get the facts.
If you don't, prepare to be steamrolled.
 

DirtMcGirk

<b>WAY</b> Dumber than N8 (to the power of ten alm
Feb 21, 2008
6,379
1
Oz
They can call eminent domain on you I suspect.

The property is taken either for government use or by delegation to third parties who will devote it to public or civic use or, in some cases, economic development. The most common uses of property taken by eminent domain are for public utilities, highways, and railroads. Some jurisdictions require that the government body offer to purchase the property before resorting to the use of eminent domain.
More on eminent domain use for utilities...
 

$tinkle

Expert on blowing
Feb 12, 2003
14,591
6
you could smooth things over with the neighbors with a tetherball tourney
 

$tinkle

Expert on blowing
Feb 12, 2003
14,591
6
i guess one thing comes to mind: why didn't/isn't the city/muni branding this as a utility easement, therefore leaving private parties out of the matter?

am i missing something?
 

Wumpus

makes avatars better
Dec 25, 2003
8,161
153
Six Shooter Junction
i guess one thing comes to mind: why didn't/isn't the city/muni branding this as a utility easement, therefore leaving private parties out of the matter?

am i missing something?
Maybe that is why the power line ran over the neighbor's yard because they don't have an easement.
 

dante

Unabomber
Feb 13, 2004
8,807
9
looking for classic NE singletrack
my two neighbors have had a feud going for the past 15 years over one's refusal to put an electric pole in his yard, and the other being forced to spend a decent amount of money to run it underground (under the road perhaps?). almost to the level of Hatfield and McCoy's... just remember that you're going to have to live next to this person for however long before you really get into a fight over the whole thing.
 

DirtMcGirk

<b>WAY</b> Dumber than N8 (to the power of ten alm
Feb 21, 2008
6,379
1
Oz
If they give you the pole, go give your neighbor's wife the shaft, if you are picking up what I am putting down.