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  1. #1

    Default Re: Private Utility Access To Private Road

    Does eminent domain apply when they have other access areas to their property, although those access areas go through wetlands and environmentally would make their situation a huge financial burden to comply with existing laws for use? They want access to our private road because it is "cheaper" for them than going through wetlands that they own.

  2. #2

    Default Re: Private Utility Access To Private Road

    That would be your argument in court. How it would go is anybodys guess but the utility company usually wins. Probably your best bet is to sell them the additional ROW.

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Private Utility Access To Private Road

    The fact that the power company has actually asked your permission to use the road is a hint that they may not have all of the rights they claim.

    Your attorney can determine this and advise a course of action.

    If it turns out that they do not have a clear right to use your road for any purpose they wish, you may be able to negotiate (for a payment to you) a "temporary easement" for construction purposes, clearly defining their rights and yours for the life of the easement, which would be the estimated time of construction, determined in advance.

    You should not negotiate directly with the power company, but only through your attorney, who will probably be better able to play the poker game than you. Any payment would fall somewhere between a dollar and the cost of running a construction road through a wetland.

    Good Luck!

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