Author Topic: What recourse do I have (Read 2029 times)

keith44 · « **on:** August 31, 2011, 09:16:48 PM »

The power company sent a non-english speaking crew of two around spraying in their power line right of way. Problem is I am trying to establish and had started the certification process for Organic Certification on a down hill area from where they sprayed. And yes it was on my property. I was at work, only the wife was home and they ignored her until she got her shotgun and ascerted her ownership of the property. Too late though, damage done, chemicals sprayed. Do I have any recourse with the power company. Been here 18 months and had not seen any representative unless I called them out for something.
Oh, we live in Ky if that matters.

Lloyd Smale · « **Reply #1 on:** September 01, 2011, 01:06:01 AM »

probably not. I was a lineman for 30 years and have heard simular complaints. What they will tell you is the chemical they use does not carry into the soil and clearing brush any other way is very expensive and just doesnt last. IF they had to clear your powerline by hand all the other rate payers would be paying the extra for it which just isnt fair. Also if they dont clear it there will surely be outage caused by it and that cost inconvience and big money to many people. Bottom line is they have a right to do about anything they want on there right a way. Your only option is probably going to be hopping in your car and going and pleading your case in person but id bet a dime to a dollar your going to get the same speel i just gave you.

keith44 · « **Reply #2 on:** September 01, 2011, 02:45:11 PM »

Actually, it turns out their right of way is aerial only. And it it their policy to not spray when requested by the land owner. They should have notified us three weeks in advance, and did not. Since there were no signs yet I must just take the hit. They must be allowed access, but they do not have the right to just spray anything on private property. Luckily I can move forward with the blueberries since they are in another area. The power company had 6 people show up the next morning, with apologies, and added my property to the no spray list. Bottom line seems to be as long as no permenant structures are built, and the lines and poles are kept clear by any means the land owner chooses to do themselves, there is no reason for them to enter the property until a repair or maintenance operation requires it.

Also once the owner or tennant can show commercial use of the surrounding or in my case the lower ground where run off is likely to go they are then financially liable for damages, including the organic certification loss and reduction in income from that loss. Signs must be posted however.

Cornbelt · « **Reply #3 on:** September 01, 2011, 04:26:27 PM »

Don't you just love a good woman with a shotgun!

BBF · « **Reply #4 on:** September 01, 2011, 07:40:15 PM »

You don't need a translation for that !

blind ear · « **Reply #5 on:** September 01, 2011, 07:56:09 PM »

Quote from: Cornbelt on September 01, 2011, 04:26:27 PM

Don't you just love a good woman with a shotgun!

You don't need an interpreter to know you need to make an exit faceing that combination for sure. Just get to movin. ear

Lloyd Smale · « **Reply #6 on:** September 02, 2011, 02:06:43 AM »

much differnt then the easment contracts we have. We could do about anything. If the customer wanted to fense off his property he even had to provide keys to the power company. He could refuse to have is property sprayed or the trees mechanicaly trimmed but if there was an outage on that line caused by his refuseal he was resposible for not only the cost of power restoration but was open to lawsuits from any company that lost revenue during that outage. If we contracted out the spraying of a line vs the cutting of that line and you insisted that you didnt want spray but would allow trimming. You then were responsible and also liable for outages unless the trim job was inspected and approved by the company. Believe it or not some tree huggers moved in from other areas will do this to save a tree and we have trees as far as you can see up here.

Quote from: keith44 on September 01, 2011, 02:45:11 PM

Actually, it turns out their right of way is aerial only. And it it their policy to not spray when requested by the land owner. They should have notified us three weeks in advance, and did not. Since there were no signs yet I must just take the hit. They must be allowed access, but they do not have the right to just spray anything on private property. Luckily I can move forward with the blueberries since they are in another area. The power company had 6 people show up the next morning, with apologies, and added my property to the no spray list. Bottom line seems to be as long as no permenant structures are built, and the lines and poles are kept clear by any means the land owner chooses to do themselves, there is no reason for them to enter the property until a repair or maintenance operation requires it.

Also once the owner or tennant can show commercial use of the surrounding or in my case the lower ground where run off is likely to go they are then financially liable for damages, including the organic certification loss and reduction in income from that loss. Signs must be posted however.

keith44 · « **Reply #7 on:** September 02, 2011, 08:07:35 AM »

what they sprayed was "wildflower" seed that had grown from where old seeds had been thrown out. There are three locust trees under the line that are 6' tall and about 2" at the base. Other than the trees mentioned nothing was taller than 30". I am waiting for cooler weather to clean up the 20' of anything that will interfer with the lines. Since these are transmission lines (non-insulated high voltage) the 14' per side will be maintained, by me! The area in question is 25' wide and 100' in length, or as the "vegetation manager" worded it, about a span and a half. And yes I am also responsible for keeping this cleaned out even if I allowed them to clean it as they wanted.

Lloyd Smale · « **Reply #8 on:** September 03, 2011, 02:59:35 AM »

hope they cooperate with you. Watching from the other side i can tell you power companys can be ruthless sobs.

keith44 · « **Reply #9 on:** September 03, 2011, 05:57:35 AM »

Quote from: Lloyd Smale on September 03, 2011, 02:59:35 AM

hope they cooperate with you. Watching from the other side i can tell you power companys can be ruthless sobs.

Agreed!

longwinters · « **Reply #10 on:** September 03, 2011, 03:14:35 PM »

I work for a gas utility and we spray nothing. While it maintain the right to cut and brush on its right of way there has never been spraying of any chemicals. Funny that it is allowed at all.

Long

keith44 · « **Reply #11 on:** September 03, 2011, 05:20:16 PM »

It is allowed only with landowner permission. When no one on the crew even bothers to acknowledge the presence of the co-owner until ... well you've read it once.

pastorp · « **Reply #12 on:** September 04, 2011, 01:25:51 PM »

Keith how do you expect them to ask for permission when you don't understand the language and they don't understand you..

But they understand you wife now that she took the class in shotgun communication.

I jokes...

Regards,

keith44 · « **Reply #13 on:** September 04, 2011, 06:24:20 PM »

well, pastorp, that is a good question, joke or not. The procedure that was not followed, but was explained to me, is they are to go around a few weeks ahead of time and put door hanger notices on all the residences notifying them that the crews will be in the area spraying. This gives the land owners time to call the office and opt out. That never happened. Then showing up and ignoring my wife, that's just a real bad idea

.

GatCat · « **Reply #14 on:** September 05, 2011, 04:21:11 AM »

One of my sons works for a contracter that clears brush under power lines, on right of ways. Let me assure you that if a person were to "menace" with a shotgun, I would do everything I could to ensure they were prosecuted. They are simply trying to do a job, and some "this is MY land" donkey puffing up their chest, threatening working folks simply cannot be tolerated. May not be what you want to hear, too bad.
Folks bellyache when power goes out due to limbs causing outages. Same folks are the first to bellyache about trees being "ruined", trying to prevent outages.
In my opinion, your wife is lucky she's not jailed.
Mark

blind ear · « **Reply #15 on:** September 05, 2011, 06:48:43 AM »

With the background given, the lack of preformance of required steps by the utility and the use of non comunicating labor, I'm on the side of the lady with the shotgun. It would be nice to know it the workers were actually legal. ear

charles p · « **Reply #16 on:** September 05, 2011, 09:23:13 AM »

It's your land but they have an easement. You can not obstrut their entrance or interfere with their operations. You get to pay the property tax.

wild willy · « **Reply #17 on:** September 05, 2011, 11:25:56 AM »

.You are very lucky your wife wasn't arrested if they had a legal right to be there pulling a shotgun was not a wise move

keith44 · « **Reply #18 on:** September 05, 2011, 08:49:36 PM »

The right of way papers allow access for repairs and maintenance. NOT spraying chemicals in an area already maintained!! The right of way is also aireal only, and being a farming operation they are crossing, yes we have that right to remove trespassers. A trespasser is one who shows up uninvited, is uncommunicative or uncooperative when asked their business on private property.

If these so called hard workers were truely interested in doing their job, they would have continued down the line to where the area is not maintained by the land owner, nor the past three contractors (two for spraying and one for bush hogging).

The power company had their "vegitation manager" here within two hours of my complaining, he summoned the contractor, and the crew that had been here. They lost their contract, and we are on a no spray list. Tell me again how wrong my wife was...

blind ear · « **Reply #19 on:** September 06, 2011, 04:12:43 AM »

keith44, +1, that makes me haaaaappy! ear

SHOOTALL · « **Reply #20 on:** September 06, 2011, 07:03:19 AM »

Quote from: wild willy on September 05, 2011, 11:25:56 AM

.You are very lucky your wife wasn't arrested if they had a legal right to be there pulling a shotgun was not a wise move

Maybe they were illegals

ironfoot · « **Reply #21 on:** September 06, 2011, 08:54:22 AM »

Quote from: wild willy on September 05, 2011, 11:25:56 AM

.You are very lucky your wife wasn't arrested if they had a legal right to be there pulling a shotgun was not a wise move

Ditto

Sensai · « **Reply #22 on:** September 06, 2011, 11:30:34 AM »

The power company was arbitrarily spaying wherever they wanted around here, just running down the lines and spaying whatever they wanted. One of my neighbors called the EPA, seems a lot of the land around here is swamp, pardon me, "wet land habitat". The power company now has to get a seperate permit for each and every section they want to spray. They went back to trimming the powerline right-of-ways like they did before. Everybody's happy except the herbicide manufacturer.

Lloyd Smale · « **Reply #23 on:** September 07, 2011, 01:58:18 AM »

and probably the rate payers eventually as it cost probably 5 times as much to trim as it does to spray and you know who is going to pay for it!

Quote from: Sensai on September 06, 2011, 11:30:34 AM

The power company was arbitrarily spaying wherever they wanted around here, just running down the lines and spaying whatever they wanted. One of my neighbors called the EPA, seems a lot of the land around here is swamp, pardon me, "wet land habitat". The power company now has to get a seperate permit for each and every section they want to spray. They went back to trimming the powerline right-of-ways like they did before. Everybody's happy except the herbicide manufacturer.