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  1. #1
    Join Date
    Feb 2011
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    1

    Default When can a Utility Place Poles Without an Easement

    My question involves real estate located in the State of: OH. The electric utility has an easement running through my pasture, instead of along the road. The utility now want to run new lines along the road, and say they do not need an easement, since it is within the state's right of way. Do they need an easement or can they install poles and lines without my permission?

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
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    2,592

    Default Re: When can a Utility Place Poles Without an Easement

    Ohio law provides for the use of road right of way by public utilities. If a state highway the ODOT district provides a permit for the construction. That is the only permission needed.

    Ohio law also provides for the creation of a permanent easement for existing utilities should the road right of way be abandoned.

  3. #3

    Default Re: When can a Utility Place Poles Without an Easement

    In my area in the Southeast, utilities have franchise agreements with the county and city governments that allows them to place facilities within road rights of way. They don't even need to notify the governmental entity before placing the facilities.

    They are reasonable people, if you have a concern talk with them about it. They will try to place the poles adjacent to your property boundaries if possible without increasing the costs.

  4. #4
    Join Date
    Apr 2008
    Posts
    176

    Default Re: When can a Utility Place Poles Without an Easement

    The question now is - can you plant trees along your property line / road right of way line? They may try and claim 10 - 15 feet as a safety zone around their lines. Check the old easement agreement to see if there is any relocation language. If they say you can plant trees there get it in writing.

  5. #5

    Default Re: When can a Utility Place Poles Without an Easement

    Quote Quoting landagent
    View Post
    The question now is - can you plant trees along your property line / road right of way line? They may try and claim 10 - 15 feet as a safety zone around their lines. Check the old easement agreement to see if there is any relocation language. If they say you can plant trees there get it in writing.
    Placing the poles in road right of way does not grant the power company any rights to private property adjoining the roadway.

    If they need a clearance zone, it is incumbent upon them to move the conductors out from the pole or place the poles far enough away.

  6. #6
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: When can a Utility Place Poles Without an Easement

    If they need a clearance zone, it is incumbent upon them to move the conductors out from the pole or place the poles far enough away.
    Not in Ohio. Any threatening limbs or branches may be removed along roadways, whether or not they are in the road right of way. Bushes, shrubs, etc. which obstruct the line of sight at intersections may be removed in some situations.

    This thread was intended to be specific to Ohio.

  7. #7

    Default Re: When can a Utility Place Poles Without an Easement

    Quote Quoting LandSurveyor
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    Not in Ohio. Any threatening limbs or branches may be removed along roadways, whether or not they are in the road right of way. Bushes, shrubs, etc. which obstruct the line of sight at intersections may be removed in some situations.

    This thread was intended to be specific to Ohio.
    Please provide a link to the statute that shows the power company can gain private property rights without compensation by placing their poles adjacent to private property.

  8. #8
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: When can a Utility Place Poles Without an Easement

    Sure, no problem.

    You can read O.R.C 5515.01 and 5515.02 for authority. No need to provide a link as you know how to use the internet and can google and read it for yourself. You can also google ODOT for a .pdf of the permit application.

    If you have questions about this procedure, you can turn to your local ODOT District for further information about the law and about the permitting procedure. Each district has right of way representatives and public utility permit staff.

  9. #9

    Default Re: When can a Utility Place Poles Without an Easement

    Quote Quoting LandSurveyor
    View Post
    Sure, no problem.

    You can read O.R.C 5515.01 and 5515.02 for authority. No need to provide a link as you know how to use the internet and can google and read it for yourself. You can also google ODOT for a .pdf of the permit application.

    If you have questions about this procedure, you can turn to your local ODOT District for further information about the law and about the permitting procedure. Each district has right of way representatives and public utility permit staff.
    I read the statute and it doesn't give the right for the power company to trim trees on private property where they don't have an easement.

    I never said that the power company doesn't have the right to place poles in road right of way or that trees located within road right of way can't be trimmed.

  10. #10
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: When can a Utility Place Poles Without an Easement

    I never said that the power company doesn't have the right to place poles in road right of way or that trees located within road right of way can't be trimmed.
    Then why would you ask this question in your first post:

    Do they need an easement or can they install poles and lines without my permission?
    It is only in your latest post that we get the actual situation:

    I read the statute and it doesn't give the right for the power company to trim trees on private property where they don't have an easement.
    If you had asked that in your first post you would have had this link in my first post:

    http://www.pickocc.org/electric/tree-trimming.shtml

    You can turn to that website for more detailed answers to your questions. If you disagree with the Ohio Consumers Council "Your Residential Consumer Advocate" you can complain to your elected state representatives, or, if all of that fails, retain your own attorney for advice.

    Good Luck!

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