Transmission Line Easement Impacts

Transmission line easements restrict the by right land use of private property, even if a use would be permitted by the electric company,  it would be governed by a Consent Agreement which would have to be requested and documented. Transmission easements affect a property – in perpetuity. 

In the case of privately owned property,  it affects the generational wealth of the property owner and their family.  Easements are perpetual. 

The following types of Encroachments will generally be denied by the Rights of Way Management of the Company (See the transmission Row Restriction documents linked on the right) ):

• Buildings, building extensions, building additions, or any portion of a building .  By  way of example and not limitation, the following items generally will not be approved: homes, offices, garages, dams, sheds, roof overhangs, gutters, balconies, decks, porches, and covered patios; 
• Playground equipment; Swimming pools, wells, septic tanks, drain fields (to include engineered systems),fuel tanks, and propane tanks;  HVAC units;  Satellite dishes and television antennas;
• Stored trailers, motor homes/recreational vehicles (RV’s), and inoperable vehicles; Most watercraft 
• Sprinkler systems (excluding drip systems), Retaining walls; Storm water ponds, BMP’s, retention ponds, or any man-made pond; 
• Burial sites, family plots, and cemeteries. 
• Dumpsters and trash receptacles; Debris, scrap or waste materials, fill, spoil material, stumps, large boulders, concrete debris, asphalt debris, and construction debris; Building materials;
• Any type of fire or burning;
• Solar panels;
• Fire hydrants

The above is just the tip of the ice berg. The presence and proximity to one or more HVAC transmission rows severely restricts not only the aesthetics and enjoyment of the property but the development of the property. 

A 765kV on V-structs with guyed-wires in a new 200’ easement (as has been proposed for our area) precludes using large sections of a property for farming or vineyards. 

For context a space 200’ x 200’ = 1 acre. Individual properties would be rendered un-fit for many of the agricultural and tourism businesses otherwise allowed by-right on those properties.

Additionally,  the  HUD website titled Hazards & Nuisances: Overhead High Voltage Transmission Towers and Lines "The appraiser must indicate whether the dwelling or related property improvements is located within the easement serving a high-voltage transmission line, radio/TV transmission tower, cell phone tower, microwave relay dish or tower, or satellite dish (radio, TV cable, etc).

1. If the dwelling or related property improvement is located within such an easement, the DE Underwriter must obtain a letter from the owner or operator of the tower indicating that the dwelling and its related property improvements are not located within the tower's (engineered) fall distance in order to waive this requirement."

If your property is located in part or in full within the easement, you may have to do extra paperwork to qualify for a loan and could be refused. The ROW and structures on it could prevent potential buyers from qualifying for a loan to buy your property if you choose to sell.

Most importantly don't sign anything without consulting a lawyer.  The Company cannot exercise eminent domain until te line is approved by your state agency/ Transmission line receives approval for all segments form all the states it crosses!  

Contact an Attorney (on your own or together with other property owners), that you have vetted.  Don't accept unsolicited offers to help negotiate easements on your property.  Research easements. The easement should be as tightly worded as possible.   Easements are perpetual. The EMFs from thes lines are orders of magnitude greater than anything ever envisioned by property owners that granted easements decades ago. What will the companies "upgrade" the 500kV line to, over your descendants heads? At the rate the data centers are being built, the companies could be upgrading or expanding these easements within your lifetime.  

Things to Consider:   

1. Don’t accept any of the power company documents offered by land agents, including survey agreements and right of way options.
2. Hire your own lawyer to prepare your own documents.  Include the cost of the attorney’s fees in your damages.
3. Include in your documents the requirement that the right of way can only be cleared by “cutting and trimming” and that no herbicides of any kind may be used to control vegetation, by aerial spraying, by manual application on the ground or by basal stump application.
4. Include in your documents that at no time may readings on a properly calibrated Gauss meter exceed 4 milligauss on any part of the right of way or any area outside the right of way.  4 milligauss is the widely accepted standard for public exposure to electromagnetic fields.  
5.  In your documents you should state that FirstEnergy must provide you with a properly calibrated Gauss meter, at their expense, so that you can independently monitor the electromagnetic fields emanating from their lines.

Below are some documents on transmission line easement impacts, and things to be aware of when negotiating transmission line easements.  

• Kansas Farm Bureau: Negotiating Transmission Line Easements
• Wisconsin PSC: Environmental Impacts of Transmission Lines
• 14 Things to Consider Before Signing a Power Line Easement (Note this is a law firm site but I am not advertizing or recommending them its just a good concise list)