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  1. #1

    Default Violation of Power Line Easement Agreement

    My question involves real estate located in the State of: Pennsylvania. I have a powerline through my property encompassing about 10 acres. The ROW agreement states that the only means of maintaining an unobstructed path is the use of mechanical mean and SPECIFICALLY stated in the agreement is that no herbicidal spray is allowed. We have been contacted in the past about the use of spray and expressly conveyed that the terms of the agreement are not to be violated and the power company has reluctantly agreed to this, in the past. This year 2015 we again were contacted and 2 separate times we explained that herbicidal spray is not to be used. He patiently explained the safety of the spray which I am fully aware and do not generally have a problem with its use. HOWEVER it is not a safety issue it is the fact that 10 acres 1-2 of which are wetlands, now are a a dead brown mess. It looks awful and now run off into the pond is making it look green and unfit for swimming. What action can be taken? We have no crops of vegetation of significant measurable economic value but we are trying to sell our property and it looks like death!! No greenery or flowers or nothing for 10 acres. What kind of action can we take and how can we prevent this from happening again when we already had it in the ROW agreement? We will be having a wildlife biologist assess the situation and have checked with a realtor who just shrugged that they were not certain what value it would have on the property. Thank You all in advance.

  2. #2
    Join Date
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    Default Re: Violation of Power Line Easement Agreement

    If your real estate agent does not believe that the spraying will have any material impact on the value of the property or prospect of its sale, then odds are it won't. Have you spoken with an appraiser?

    No matter what you do, even if you were to get an injunction, there's going to be a chance of another future mistake.

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