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  1. #1
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    Jun 2008
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    Default Public Utility Easement and ADA

    I have kind of an odd one here. Property owner has recently become disabled and requires a special vehicle for transporting his wheelchair. His property possesses a public utility easement in the form of a utility pole. The easement has been present for 20+ years. The property is located on an extremely narrow, single lane, county owned road. Directly across the street from the property is a privately owned fence. The property owner, literally cannot park the new vehicle on his property due to these restrictions. The utility company was contacted and they agreed to move the pole at a cost of approximately $14,000. The property owner even agreed to keep the easement as long as it was moved to a more preferred location, but the utility company quoted the same $14,000 price. Is there an interpretation of ADA legislation (or any other provisions) that we can leverage to relocate the easement.

  2. #2
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    Default Re: Public Utility Easement and ADA

    You can't force the utility to bear the cost of relocating the pole.

  3. #3
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    Default Re: Public Utility Easement and ADA

    Thats it? "cant". Nobody out there thinks you can litigate this? A public utility keeping a disabled person for accessing their own property?

  4. #4
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    Default Re: Public Utility Easement and ADA

    I am sorry you don't like the law the way it is, but I can't change it for you.

  5. #5
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    Default Re: Public Utility Easement and ADA

    Its not that..i was just expecting a response with a little more substance. Forgive me if I don't take a "knowitall" for his word posted on some forums on the internet. I was just looking for someone with some experience or knowledge of the subject to offer a little advice. I just find it really hard to believe that an easement that is limiting the access of a disabled person is legal. Or that the cost of rectifying the problem would fall on the homeowner.

  6. #6
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    Default Re: Public Utility Easement and ADA

    Quote Quoting VPALLARI
    View Post
    Its not that..i was just expecting a response with a little more substance. Forgive me if I don't take a "knowitall" for his word posted on some forums on the internet. I was just looking for someone with some experience or knowledge of the subject to offer a little advice. I just find it really hard to believe that an easement that is limiting the access of a disabled person is legal. Or that the cost of rectifying the problem would fall on the homeowner.
    well, to start with, Mr. K is quite knowledgable and generally correct.

    and regardless of whether you find something hard to believe or not does not alter the fact of it being correct or not. I see no reason this would not fall onto the homeowner.

    Have you asked around to agencies that provide assistance for disabled people to see if they have some financial sources to assist? Even the government often has financial assistance available for things such as assisting the disabled.

    Rather than chastising those that answered your question, start looking for ways to solve the problem now that you know the utility company has no requirement to do so.

    You may find a sympathetic ear at the power company even if you appoach them with a bit more tact than you have shown here.

  7. #7
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    Jun 2008
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    Default Re: Public Utility Easement and ADA

    First I apologize to Mr K. I was not trying to chastise him, but merely to convey to him (and everyone else) that I was looking for a bit more substance in a response. Also, I did not comment on how knowledgeable Mr K is or the frequency of his correctness.

    As for you....hey, pot meet kettle....as in, Pot calling the Kettle Black. Chastising? You should listen to yourself. You have no idea the steps that I have taken to make this property accessible for this person, so please refrain from making assumptions as to such.

    As for your suggestions, Thank you, I will try and locate some "agencies". That's helpful. I was hoping to contact someone with some experience in this matter, not get some vague, ambiguous suggestions like "call someone" or "contact an agency".

    This site looked like a good place to connect with people that have dealt with the same issues I am dealing with now. Guess i was wrong.

  8. #8
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    Default Re: Public Utility Easement and ADA

    there is no specific help I am aware of. Each state, city, county, etc., tends to have some sort of help for the handicapped but it varies in every place I can think of.

    This site looked like a good place to connect with people that have dealt with the same issues I am dealing with now. Guess i was wrong.
    this site deal with legal issues. The legal issue has been answered and I even tried to suggest some steps to seek assistance.

    Oh well, I guess you can't please everybody.

    Thanks for stopping by and have a good day.

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