🚀 go-pugleaf

lrobbins@dale.ksc.nasa.gov (Lloyd Robbins) writes:

>Saturday, in the midst of our cleaning, the homeowner's association
>people came by and gave us the wonderful news that Florida Power and
>Light (FPL) has decided to put high tension lines along an easement on
>the lot next to us.  These lines are designed to carry 140,000 volts

deleted

>Based on the circumstances, I don't think the previous owners knew
>about the lines coming in. Even if they did, they are not in 
>a position for us to get damages from them. (long story)

Whether they knew or not is irrelevant. It is not a function of
their (former) house or yard. The easement (if through your yard)
was indicated on the lot survey. Indicating the existing easement
is the extent of their legal responsibility. If the easement isn't
actually through your property, they need not give any indication
of its existence at all. It's always a good idea to check with the
city planning department for such things, and possible new roads,
shopping centers, etc.

>FPL can't show a good reason for why the lines are coming through
>here.  Lines of this size will carry enough power for aprox. 10,000

Nor do they have to, as long as the easement doesn't carry restrictions
as to the type of service that can run through it. That would be
something to check on...

>No legal action has been started to take the easement property yet,

An easement gives the authority to build under/through/over a given
piece of land for the designated purpose (utilities, roads, etc.).
They do not have to condemn the property to build the lines. The
easement grants them the right to build. Your only hope is to check the
exact language of the grant of easement to see if there are any
useful limitations as to type, size, or notification w.r.t. the
power company's use. (Utilities generally won't accept limitations). If
the easement states that the lines must be buried, they must be, unless
your town council caves in and condemns the property "for the public
good". Stirring up the neighbors can be quite successful at stopping
the later; not much can be done about a clear easement. Political heat
might convince them to bury the lines.

Good luck.


--
Steve Holzworth
sch@unx.sas.com                         "Do not attribute to poor spelling
SAS Institute   x6872                    That which is actually poor typing..."
SAS/Macintosh Development Team                                - me
Cary, N.C.