Author Topic: Can Utility companies cut down and spray to kill trees along property lines ? (Read 8896 times)

BCCrouch · « **Reply #40 on:** September 12, 2008, 02:35:06 pm »

Stick it to 'em as the lessons that sting their pocketbook are the only ones that truly make an impression!

sawmilllawyer · « **Reply #41 on:** September 13, 2008, 06:00:39 pm »

Amen, BBCrouch and good hunting Cheyenne.

Tom · « **Reply #42 on:** September 13, 2008, 06:26:09 pm »

You might get some help understanding the jargon if you meet with your county forester. They are schooled in such matters and might even be able to help your lawyer. Keep an eye out for a consulting forester that might help in a law suit as well.

cheyenne · « **Reply #43 on:** September 13, 2008, 06:28:31 pm »

Tom, good advice. thank you....Cheyenne

Ron Scott · « **Reply #44 on:** September 16, 2008, 03:45:10 pm »

Yes, you could use a consulting forester for some advice and you will probably need one to work with your attorney in any damage assessment. Your deed says that you are to be compensated for any damages so you have control of the situation and can get their attention accordingly.

You might be seeing the poor work of a contractor working for the utility company and some think that they can do what they want to and they will if the landowner doesn't call them on it.

Some like to go outside the right of way if the landowner doesn't say anything and do more tree removal than they should so that they don't have to come back as soon again. A certified bill for damages to the primary company president should get control and correction of the situation.

I've been an expert witness for landowner's in a number of such damage cases and the utility company usually "cleaned up their act" after being hit with a damage assessement for resource damages outside their right of way.

A little publicity in the local newspapers concerning any poor management practices also gets their attention.

cheyenne · « **Reply #45 on:** September 17, 2008, 12:37:57 pm »

This site is amazing i've gotten more excellent advise here than i have from my lawyer. He doesn't want to be confrontational until he has to be & he may be right but my nature is you hit me with a stick & i'll beat you down with the entire forest. That being said does anyone know of a top notch consulting forester in my area & please keep the advice coming. Effie & I need all the help we can get to fight this battle. Maybe this battle will help other people in the future. Thank you. Effie & Cheyenne

Ron Scott · « **Reply #46 on:** September 17, 2008, 07:02:55 pm »

Check with the Association of Consulting Foresters of America, Inc at www.acf-foresters.org to see if there in one near you.

BaldBob · « **Reply #47 on:** September 17, 2008, 08:06:58 pm »

The closest ACF members to you would be:
Herbert Boyce in Jay, NY
Steven Bick in Thendara, NY
and Galen Hutchison in Leicester,VT
I don't know any of them personally, but as ACF members they should be well qualified and must adhere to a strong ACF ethics code.

cheyenne · « **Reply #48 on:** October 22, 2008, 07:12:59 pm »

UPDATE: Had a meeting with our lawyer this morning & we are now filing for a Summary Judgement against one of the Defendents in our Lawsuit....Cheyenne

cheyenne · « **Reply #49 on:** November 04, 2008, 08:14:06 pm »

UPDATE: Had a walk around today with all the defendents lawyers,surveyors & claims adjusters. Talk about people who get lost in the woods. After two hours of uphill, downhill, crawling over the slash, wading through mud & water & being dragged through the blowdowns I thought I would have to drag them all out with the ATV wagon. I don't think a single one of them knew what they were seeing just adding up billable hours....Cheyenne

cheyenne · « **Reply #50 on:** October 23, 2010, 03:32:54 am »

Final update..........I sued a utility co & 2 tree cutting cos...... Don't let anyone ever tell you not too throw rocks at city hall....... They made me 3 offers to settle out of court & I told them to shove it.........I sued for 4.5 Million & everyone laughed at me & said crazy old Indian been smoken pipe to much........I believed I was right & would not back down........So to trial we go.......A week before the trial they all made me an offer I could not refuse........God Father movie all over again without the horse head........Nondisclosure statement prevents me from saying what the settlement was but I payed off my mortgage, bought 2 new used trucks,Effie a new car, Mercedes convertible, new roofs on my 3 houses & contractors are still working on many other projects & I just keep playing in the woods with my trees.....Now I buy beer by the truck load........Never let anyone tell you their too big you can't win.....

Cheyenne

Chuck White · « **Reply #51 on:** October 23, 2010, 04:41:23 am »

Good show Cheyenne.

Good that somebody showed them that they can't just do what they want to.

SwampDonkey · « **Reply #52 on:** October 23, 2010, 05:29:18 am »

They seem to use herbicide along with hydro axe in the deep bush, but near settlements it's just hydro axe because my uncle has a line across him and it's never sprayed. He used to have cattle and horses graze there.

Dangerous_Dan · « **Reply #53 on:** October 23, 2010, 06:20:50 am »

Good job!
I love it when the big guys screw up and have to pay for it!
These guys get away with too much.

What are they doing to fix your washed out roads? and that illegal drain pipe on your property?

Who is going to clean up the mess off 5000 cut trees?

ibseeker · « **Reply #54 on:** October 23, 2010, 12:47:39 pm »

That's great, Cheyenne. I hate to see the big guys rough handling the customers. Maybe they'll think twice next time.

cheyenne · « **Reply #55 on:** October 23, 2010, 03:36:27 pm »

I'm putting in all new roads & ditching the water runoff myself. As for the trees 90% of them were little saplings, but as the law reads a tree is a tree no matter the size........By doing all the work myself I know it's done right & will last forever, even putting a 50 foot bridge over one of my streams & a 20 foot bridge over another one.....Believe me they made it worth my while

Ron Scott · « **Reply #56 on:** October 24, 2010, 09:52:34 am »

They must have really "screwed up" without any legal right-of-way.

cheyenne · « **Reply #57 on:** October 24, 2010, 10:48:35 am »

They have a legal ROW for half a mile but I own the land it's on.......When they cut they went past their ROW & cut my trees.......When they put the culvert in the end of the culvert is past the end of their ROW & on my land & washed out my roads. Plus all the trees they cut they just dropped on my land & made a huge mess.......Cheyenne

Ron Scott · « **Reply #58 on:** October 25, 2010, 12:06:04 pm »

It's good to see that you prevailed over the utility company. They can be a costly problem at times.

Here, they would not allow us to forward or truck wood over their gas pipe line without placing an additional 2 feet of fill over the right of way crossing before they allowed us to cross it.

The landowner owns the property on both sides of the gas line, but they would not allow crossing of the pipeline to harvest the timber on the other side without placing the added fill over the pipeline at added cost to the landowner and logging contractor. This is really a taking of the landowner's right to access and use his property on the other side of the pipeline to harvest his timber.

The gas lines are suppose to be at least 3 feet deep and on National Forest lands we required them to be 5 feet deep for this very reason so that property use was not interupped by the pipeline right of way crossing it.

We now often find that the lines are just below the surface, so they are cutting costs and the landowner ends up having to pay for a fill construction to cross the pipeline to the rest of his property.

They would not even allow an empty truck to turn around on another section of the gas line, so we had to construct a turn around and landing/decking area this side of the pipeline.

Just something else to watch for when dealing with utility companys. When you give them a right of way, be sure that it is spelled out in the right of way document that they are putting the pipe deep enough so as not to interrup your further use of your property as desired on both sides of the right of way, especially if you have forest land on both sides.

pappy19 · « **Reply #59 on:** October 25, 2010, 03:57:02 pm »

I am a contract Right of Way Agent for many natural gas, crude oil, products and water pipelines along with electric transmission lines. All new projects generally require a new easement be signed by the landowner. There are many clauses beneficial to the landowner that never make it into the easement. Even with most attorneys, essential clauses protecting the landowner are either not thought of or not negotiated to be included in the final easement document. As a forester and a contract "landman", even though I am working for the "company", I have always made suggestions that will benefit the landowner in the long run. Older easements by utility companies were either not very specific or allowed the company to do whatever they pleased. However, most older easements did allow for damages after the initial construction, and all easements must state the right of way width and length with either a defined written legal description or a plat with bearing and distances of the centerline of the pipe or powerline.

Regarding tree cutting on powerline easements; the company does have the right to cut down trees within the easement width, and, if the easement document allows, they can cut trees that may become "danger" trees that could blow down and hit the powerline. In all cases the company must contact the landowner to initially show him and mark these danger trees and pay for them. In most states the cutting of trees outside of the easement width would be considered a tresspass and could face trebble damages.

When I negotiate for timber removal on a new right of way for pipelines, I always pay the landowner top dollar for the timber and then give the timber back to the landowner. In reality, the landowner gets paid twice as they usually sell it to a lumber company.

In over 30 years dealing with utility corridors and many cross-country easements, I can tell you alot of stories, some good and some not-so-good.

Pap

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Author Topic: Can Utility companies cut down and spray to kill trees along property lines ? (Read 8896 times)