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  1. #1
    Join Date
    Apr 2018
    Posts
    7

    Unhappy Can You Terminate an Easement Based Upon Inadequacy of Compensation When Granted

    My question involves real estate located in the State of: North Carolina.

    I inherited my grandparents residential lots from my mother. Now that I have completed studies in Architectural Design, I am considering building houses on the lots. A few months ago I visited the site and noticed a Duke Energy above ground utility pole right in the front middle of the 2 lots in the cul de sac. I contacted Duke Energy, NC and they emailed me a copy of their 1963 easement rights; they only paid my grandparents .50. Only 50 cents. Serious! When I spoke with the representative, he could not help but laugh.

    He kept his composure professional, and I am furious. Is this legal? I am devastated. The lots are already small and now I am being restricted from using ground space for building homes. Is there legal help to REDRESS compensation from Duke Energy of North Carolina for their use of my land? They are using my land to supply power to others. Currently I am not receiving any benefits for allowing them to use my land. Please tell Me, 50 cents is unjust compensation and help Me renegotiate this easement. Thanks!

  2. #2
    Join Date
    Jul 2010
    Posts
    7,784

    Default Re: 50 Cents is Not a Just Payment for a Duke Energy Easement

    Sorry but you are out of luck. The easement, and the payment for it, are still legal and binding.

  3. #3
    Join Date
    Nov 2013
    Posts
    6,666

    Default Re: 50 Cents is Not a Just Payment for a Duke Energy Easement

    The 50 cents that your grandparents were paid has nothing to do with the value of the use of the land. It is the consideration component of a contract to make it binding upon the parties.

    The best you may be able to do is get the electric company to relocate the pole to a more advantageous location or you pay to have the pole moved with their permission.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,427

    Default Re: 50 Cents is Not a Just Payment for a Duke Energy Easement

    Yes, I negotiated an easement for $10 once. During the middle of the negotiations one of the other parties asked when he gets the $10.

  5. #5
    Join Date
    Apr 2018
    Posts
    7

    Default Re: 50 Cents is Not a Just Payment for a Duke Energy Easement


    I am not one to have electric service disrupted for an entire neighborhood just because Duke Energy NC needs to pay Me, compounded Daily interest on 50 cents since 1963.
    Yes, I realize my Arch. Tech. Designs for ranch homes is scraped, and back to the drawing/e-board I go.
    Duke Energy's Easements cut my access to build. They definitely need to compensate me for their eye sore pole and public concerns about living around electrical poles.
    Where are Expert Lawyers... who are not afraid to challenge Duke Energy NC for Me?
    Surely other USA land owners need you all to step up your protection for Our Rights.

  6. #6
    Join Date
    Oct 2016
    Posts
    3,568

    Default Re: 50 Cents is Not a Just Payment for a Duke Energy Easement

    Those rights were signed away over 54 years ago. As someone that has finished their studies in Architectural Design you might want to read up on easements. This will not be the last time you have to deal with them.

  7. #7
    Join Date
    Nov 2013
    Posts
    6,666

    Default Re: 50 Cents is Not a Just Payment for a Duke Energy Easement

    Quote Quoting MsWesley
    View Post

    I am not one to have electric service disrupted for an entire neighborhood just because Duke Energy NC needs to pay Me, compounded Daily interest on 50 cents since 1963.
    Yes, I realize my Arch. Tech. Designs for ranch homes is scraped, and back to the drawing/e-board I go.
    Duke Energy's Easements cut my access to build. They definitely need to compensate me for their eye sore pole and public concerns about living around electrical poles.
    Where are Expert Lawyers... who are not afraid to challenge Duke Energy NC for Me?
    Surely other USA land owners need you all to step up your protection for Our Rights.
    You can puff your feathers all you want but your grandparents made a contract and that contract is binding on both the owners of the land and the electric company.

    Do you know pissing into the wind means?

  8. #8
    Join Date
    Apr 2018
    Posts
    7

    Default Re: 50 Cents is Not a Just Payment for a Duke Energy Easement

    budwad, if you want to explain your understanding of pissing in the wind, you are welcome.
    I have no intentions to puff my feathers. I intend to Fly!
    50 cents compounded daily since 1963 sounds very good to Me, since Duke Energy needs Me.
    So none of you expert legal folks have not figured out how to convince Judges, Residential Property owners are being financially robbed by Electric Company(ies).
    I would rather not piss in the wind, I would love to help update Laws to make sure Residential Property owners intruded by Electric Company(ies) to PAY US.
    Years of study of Arch. Tech. GREEN Living, Got to pay off.
    Not so Spring Chicken, still wanting to Farm too.
    NC

  9. #9
    Join Date
    Oct 2016
    Posts
    3,568

    Default Re: 50 Cents is Not a Just Payment for a Duke Energy Easement

    Your grandparents and Duke Energy made a deal 53 years ago. Everyone thought it was fair then. You have absolutely ZERO chance of getting that specific easment overturned and you have a number approaching zero of getting the law changed. If you were to get it changed every utility in your state would be bankrupt in about 10 minutes.

  10. #10
    Join Date
    Apr 2018
    Posts
    7

    Default Re: 50 Cents is Not a Just Payment for a Duke Energy Easement

    Thank you PayrolGuy, you are right. This will not be the last time I deal with them. 15 ft. setback I got told yesterday. So now I know I can not put a ranch style home on my family property because you say duke energy can limit my access to what I have to pay local taxes and keep the grass cut on. Serious!
    The least Duke Energy can do is pay my family for the use of our land so we can put smaller homes on our share real estate.
    What Legal Experts have never challenged Electric Company(ies) for just compensation?

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