Author Topic: Can Utility companies cut down and spray to kill trees along property lines ? (Read 8897 times)

Riles · « **Reply #20 on:** March 27, 2008, 05:16:07 pm »

Technically, herbicides are a subset of pesticides. You wouldn't be killing it if it wasn't a pest, right?

beenthere · « **Reply #21 on:** March 27, 2008, 05:53:04 pm »

Riles is funny...

ely · « **Reply #22 on:** March 28, 2008, 02:51:43 pm »

yes but riles is correct too.

alot of folks who are moving into new territory do not understand about the ROW easements that were with the property when they acqired it. this leads to problems when you have a hot headed landowner all up in your face hollering about something that they really have no clue about. i know it makes my job really pleasant when it happens to me. $:-\$

cheyenne · « **Reply #23 on:** August 28, 2008, 10:13:38 pm »

I read with interest the posts about supposed encroachment.I have a power line easement 100' wide & 1/2 mile long on one side of my property. When they put the new lines in back in 1987 they put a culvert in under their access rd. & 25% of the culvert is on my property so you know where all the water goes. well every thing was fine until the tree cutters came in 3 yrs ago & limbed & brushed & threw all the limbs & brush in the creek beds changing the natural flow & washing out their access rd. & washing out over a mile of my logging rds & horse trails. Then this spring the tree cutters came back & cut over 5000 trees that were on my property. Huge mess. Tried to be nice & work with them. Did not work. Now the high powered lawyers have work to do. And to think they could have fixed the problem with a small trackhoe & a couple days pay. Corprate thinking & Engineers? And i'm in the Adirondack Park. The psc was no help at all. My deed clearly states they have to reemburse for any damage. I don't mean to ramble but this whole deal makes me sick. Wish me luck. Cheyenne

Ron Scott · « **Reply #24 on:** August 28, 2008, 10:42:23 pm »

Does your state have rules and regulations for Best Management Practices that can be enforced? Sounds like you have a case if the damages are outside the utility's legal right of way.

Chuck White · « **Reply #25 on:** August 29, 2008, 08:02:15 am »

As a land-owner in NY, you can put limitations on what the contractors for the power company can cut or spray!

The contractor has the right to TRIM branches to a specific distance from the lines.

You the land-owner can say NO to spraying.

If the trimmers show up as in my case, I only own 1.5 acres, if they trim a tree in my yard, I'm usually out there and they won't get away with just peeling limbs off one side of the cherry trees, they will trim the whole thing to a level above the lines. In other words, they will make it look nice instead of just a "hack job".

stonebroke · « **Reply #26 on:** August 29, 2008, 02:35:45 pm »

Cheyenne, You should have a talk with your Assemblyman and your senator.

Stonebrokie

cheyenne · « **Reply #27 on:** September 03, 2008, 08:34:21 pm »

Chuck; is there any where that you know of where i can find that in print. thank you Cheyenne

Chuck White · « **Reply #28 on:** September 04, 2008, 11:12:21 am »

cheyenne
I'll get the info for you. It might be a little while, but I'll get it.

Chuck

stonebroke · « **Reply #29 on:** September 04, 2008, 01:56:44 pm »

Wouldn't the PSC have that infomation.

Stonebroke

cheyenne · « **Reply #30 on:** September 04, 2008, 03:41:24 pm »

good idea i'll check with them in the morning.

Chuck White · « **Reply #31 on:** September 05, 2008, 08:32:35 am »

cheyenne;

A friend of mine went through this ordeal with the power company and I finally got hold of him and he said it was a lawyer vs lawyer issue.

The point to remember is you actually own the land, the power company has the right to be on it to maintain their lines.
The power company has no other rights other than keeping the trees off of their lines, to a specific distance and line maintenance.

cheyenne · « **Reply #32 on:** September 05, 2008, 12:16:36 pm »

I agree totaly and agree as to why they have to trim & cut on their row. But that does not give them the right to come 50' off the row onto my property and clearcut. They contend they can cut anything that poses a danger to thier lines no matter where it is & I don't buy it. My deed & their deeded row clearly states they must reemburse the landowner for any damage. Moreover NYS law title 9-1501 states they must have the landowners permission & they never ask for it. They just say tough you don't like sue us. Well this time their pushing the wrong Indian. I'd rather die broke than let them destroy the land & push me around. If more people would fight we wouldn't have these problems. The problem with people today is they say let the goverment take care of it i'm watching tv. (LOOK WHERE THATS GOTTEN US) And who's going to fix all my roads they washed out. Cheyenne

stonebroke · « **Reply #33 on:** September 05, 2008, 02:22:13 pm »

Have you checked with the PSC?

Stonebroke

cheyenne · « **Reply #34 on:** September 05, 2008, 03:53:53 pm »

yes this morning, they are no help at all. They said call the utility and get a copy of the tarriff of row. I am told by the utility there is no such document it is governed by the body of the document of deed of row which they violated. Color me confused. CHEYENNE

stonebroke · « **Reply #35 on:** September 05, 2008, 07:35:52 pm »

What does your deed say?

Stonebroke

cheyenne · « **Reply #36 on:** September 05, 2008, 07:41:12 pm »

that they can access my ajoining land to service the lines with people & vehicles but they must recompence me for any damages. That is what the deed of row states. cheyenne

stonebroke · « **Reply #37 on:** September 05, 2008, 08:22:12 pm »

I would send them a bill

Stonebroke

Chuck White · « **Reply #38 on:** September 05, 2008, 08:48:58 pm »

One year the Power Company came onto my friends land and sprayed herbacide.

They were told ahead of time that there were cattle in there and they sprayed anyway.

One of the cattle later died and the Power Company paid for it. Also, they paid $50.00 each for some "Christmas trees" that they sprayed.

Bill them for anything of value that they destroy!

cheyenne · « **Reply #39 on:** September 05, 2008, 09:34:22 pm »

NYS Law article 9-1501 states; No person shall cut,pull or dig up for the purpose of removel bla-bla-bla-bla.........Penalties....... $250.00 per stump plus tremble damages x 5,000 stumps. Now try to get them to pay. Thats my lawyers job. Cheyenne

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Author Topic: Can Utility companies cut down and spray to kill trees along property lines ? (Read 8897 times)