Results 1 to 3 of 3
  1. #1
    Join Date
    Aug 2017
    Posts
    1

    Default Electrical Utility Wants to Install Poles Outside of Their Easement

    My question involves real estate located in the State of: Oklahoma
    Empire Elect. out of MO, sent a lawyer to our homes in Northeast Oklahoma to obtain permission to place new metal poles on my property past their right of way by what he said up to 20 feet. Thus, removing all my trees in the front. And having a pole next to my front door, another one between my home and shop, witch would block my attached garage and my parking. I refused to sign, due to my home is in an IRRV Trust, I can't sign even if I wanted to. Everyone else signed permission. Poles are being moved due to intentions of changing highway from 2 lane with no side to a Supper 2. So since I refused and I told the lawyer my house was in an Irrevocable Trust there for per my real estate dept the whole property has to be purchased. So can they just come in and do it anyways? I have not heard or received anything from Empire since he came out about s month ago. My real estate officer has not notified me they have been contacted either. What should I Do? I have a large family, and we are trying to sell our house. In the stages of going on the market.
    Thank you, I am just worried I will wake up to an email or knock at the door telling me to get out!!

  2. #2
    Join Date
    Nov 2013
    Posts
    5,051

    Default Re: Elect Comp Wants Part of My Property

    They can't just come one day and tell you to get out. But they (The electric company or the State or the County) can take the property through Eminent Domain. The process of taking property is governed by statute and takes a while to get through. They also have to pay you (the trust) fair market value for the property.

    You should read the statute that I linked to so you will understand how it works but you (the trust) needs to hire an attorney to handle this for you.

    Now that you know of these circumstances, selling your property will be more difficult as this possible pending action has to be disclosed to any prospective buyer on the seller's disclosure form.

  3. #3
    Join Date
    Jan 2006
    Posts
    35,425

    Default Re: Elect Comp Wants Part of My Property

    I told the lawyer my house was in an Irrevocable Trust there for per my real estate dept the whole property has to be purchased.
    per your real estate department? Who has a real estate department other than a business entity?

    Can you explain why you believe the entire parcel must be sold in this situation? The property being in a trust would not require the property be sold in whole (generally). Regardless, placing power poles usually involves an easement and not a purchase of the underlying land.

    If the road is being widened it is probable an easement will be forced on you whether you agree or not. The ultimate isssue is ensuring you are properly and adequately compensated for the taking. It sounds like you will suffer greatly given your description of the pole placement. I have seen (a successful) argument the easement was so onerous it effectively made the remaining property near worthless and as such the taker was required to purchase the entire property.

    As to you not being contacted again; unless you are the trustee there would be no reason to contact you again. Even if you are the trustee, you would still require an attorney in some situations but you would be wise to engage one in any situation involving this.

    1. Sponsored Links
       

Similar Threads

  1. Easement Use and Enforcement: How to Get Utility Poles and Lines Removed from Private Property
    By Bk_roks in forum Real Estate Ownership and Title
    Replies: 6
    Last Post: 03-29-2017, 10:09 AM
  2. Easement Use and Enforcement: No Easement in Place, Two Utility Poles on Property
    By arlyman in forum Real Estate Ownership and Title
    Replies: 11
    Last Post: 09-05-2014, 08:09 AM
  3. Easement Use and Enforcement: Can I Install a Driveway Gate Within a Utility Easement
    By Icarus7AC in forum Real Estate Ownership and Title
    Replies: 12
    Last Post: 11-07-2012, 09:08 AM
  4. Disorderly Conduct: Is it Legal to Post Signs on Electrical Poles
    By angelicarosex3 in forum Criminal Charges
    Replies: 4
    Last Post: 05-13-2011, 10:26 PM
  5. When can a Utility Place Poles Without an Easement
    By thomasj8 in forum Real Estate Ownership and Title
    Replies: 12
    Last Post: 03-16-2011, 03:20 AM
 
 
Sponsored Links

Legal Help, Information and Resources

Forum Sponsor
Real Estate Forms
Real estate forms and contracts, state specific, immediate download.