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Public Utility Right of Way

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  • 03-15-2010, 05:07 PM
    Cin298
    Public Utility Right of Way
    Public utility right of way.... What do I need to know?

    The public utility wants me to sign a Right of Way agreement to let them put a sewer line down the directly thorough my property in Pennsylvania. I own a few acres of level land with a house on it. They want a to lay around 200' of sewer line directly through the center of my property, vertical with the road.

    I would agree to them putting the line on the edge of the property, but not directly through the center.

    What kinds of things should I be aware of? Should I be compensated more than the $1.00 they will be paying. Is there a law that says they can just do it anyway if I don't agree? Are there any structures they will not go under, like a concrete driveway or above ground swimming pool? I am thinking of altering the property so they can't go through the center.

    Help please! I don't know what to do and we will be having a meeting soon.
  • 03-15-2010, 05:20 PM
    jk
    Re: Public Utility Right of Way
    who is this line for?
  • 03-15-2010, 05:53 PM
    Cin298
    Re: Public Utility Right of Way
    The line is the main public sewer line that is going to run through our property to pick up houses that are behind us about 500 feet away. This will not be the line we have to tap into. I may have failed to mention that this is a mandatory tap in, not optional to take on the public sewer.
  • 03-15-2010, 06:18 PM
    jk
    Re: Public Utility Right of Way
    Quote:

    I would agree to them putting the line on the edge of the property, but not directly through the center.
    I would tell them exactly that. Running a sewer main through the middle of your property will have a very negative financial effect on the value of your property.

    Quote:

    Should I be compensated more than the $1.00 they will be paying.
    absolutely. While determining what the actual value of such an easement is difficult, you will lose value in your property and should be fairly compensated for it.

    Quote:

    Is there a law that says they can just do it anyway if I don't agree?
    basically, yes. It is called eminent domain. They would have to sue you for the property to get to that point though and you would still be owed the loss in value of your property.

    Quote:

    Are there any structures they will not go under, like a concrete driveway or above ground swimming pool?

    the will not go under a building. Just about anything else is fair game.

    Quote:

    I am thinking of altering the property so they can't go through the center.
    since it appears you are willing to allow the easement, just not where they propose, so they have any justification for running it through the middle of the property as opposed to the edge?

    I would fight tooth and nail to prevent them from running it through the middle of the property, especially if there is an alternate route.

    you also need to understand that you will not be able to do most anything with the property within the easement other than mow it.
  • 03-15-2010, 07:38 PM
    colourfastt
    Re: Public Utility Right of Way
    If you do allow the easement, I'd make sure that they set you up with a free connection; otherwise the connect fee can run upwards of $10k
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