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Can You Terminate an Easement Based Upon Inadequacy of Compensation When Granted

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  • 05-02-2018, 12:28 PM
    MsWesley
    Re: 50 Cents is Not a Just Payment for a Duke Energy Easement
    Thank you PayrolGuy, you are right. This will not be the last time I deal with them. 15 ft. setback I got told yesterday. So now I know I can not put a ranch style home on my family property because you say duke energy can limit my access to what I have to pay local taxes and keep the grass cut on. Serious!
    The least Duke Energy can do is pay my family for the use of our land so we can put smaller homes on our share real estate.
    What Legal Experts have never challenged Electric Company(ies) for just compensation?
  • 05-02-2018, 12:50 PM
    PayrolGuy
    Re: 50 Cents is Not a Just Payment for a Duke Energy Easement
    They did pay your family for the use of the land. $0.50.

    Utility easements are just a fact of life in the modern world.

    Have you considered talking to Duke Energy about the possibility of them putting their lines underground? If they can you would have to pay for it but you could then build your dream home.
  • 05-02-2018, 02:56 PM
    paddywakk
    Re: 50 Cents is Not a Just Payment for a Duke Energy Easement
    I'm no attorney, but I can't see how Duke Energy would owe you interest compounded daily for 55 years. Your grandparents accepted .50 for the easement.
  • 05-02-2018, 03:10 PM
    Mr. Knowitall
    Re: 50 Cents is Not a Just Payment for a Duke Energy Easement
    Quote:

    Quoting paddywakk
    View Post
    I'm no attorney, but I can't see how Duke Energy would owe you interest compounded daily for 55 years. Your grandparents accepted .50 for the easement.

    Realistically speaking, they accepted the benefit of receiving the utility's services, with the nominal consideration being recited on the deed as a legal formality.

    Even if I believed that there were a viable cause of action, the statute of limitations ran a long time ago.
  • 05-02-2018, 03:31 PM
    budwad
    Re: 50 Cents is Not a Just Payment for a Duke Energy Easement
    Quote:

    Quoting MsWesley
    View Post
    Thank you PayrolGuy, you are right. This will not be the last time I deal with them. 15 ft. setback I got told yesterday. So now I know I can not put a ranch style home on my family property because you say duke energy can limit my access to what I have to pay local taxes and keep the grass cut on. Serious!
    The least Duke Energy can do is pay my family for the use of our land so we can put smaller homes on our share real estate.
    What Legal Experts have never challenged Electric Company(ies) for just compensation?

    You are not getting it. It is not just compensation for the use of the land. It is compensation for consideration on a contract. Knock yourself out. It is a losing battle.
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