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  1. #1
    Join Date
    May 2012
    Location
    Church Point, LA
    Posts
    2

    Wink Can Utility Company Place Lines Without Property Owners Consent

    My question involves an easement in the state of: Louisiana
    utility company has a utility easement on my property with 2 large wooden poles and lines that were already up when I purchased the land, utility company #2 wants me to extend the existing utility easement so that they can place another set of lines that are connected with one metal pole, I have refused their offer and they are now threatening legal action. My question is can utility company #2 extend the easement and install the new lines without my consent as the land owner?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Can Utility Company Place Lines Without Property Owners Consent

    What do you mean by "extend" the easement? What are they "extending"?

  3. #3
    Join Date
    May 2012
    Location
    Church Point, LA
    Posts
    2

    Default Re: Can Utility Company Place Lines Without Property Owners Consent

    the portion of my land that is designated as the utility easement is on the plat of the land for so many feet long and the distance of my land, the 2nd utility company wants me to agree to extend the width of the land that is designated as the utility easement so that their lines will take up a portion of the existing easement and add an extra 30feet of width of the land to complete the amount of land they need for their lines. I hope I explained that correctly, but that is what I understand they want to do.

  4. #4
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: Can Utility Company Place Lines Without Property Owners Consent

    Keep in mind that the utility company will probably get it's easement, one way or another. I'm not saying you should roll over and give up, but they provide a necessary service, which allows them to pursue eminent domain proceedings.

    To answer your original question, they can't just start using your land, they have to compensate you for the new easement. BUT, once the eminent domain process is complete, they can use it without your consent.

    Have an hour long conversation with a local attorney to go over your options. Educate yourself about the process. You might consider retaining an appraiser if the number the utility offers you is lower than expected.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can Utility Company Place Lines Without Property Owners Consent

    The eminent domain process, if available, involves compensation to the landowner.

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