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Transmission Line Easement Impacts

    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.

    Property Owner Concerns

    • Use of eminent domain by a private-for-profit corporation to take property that benefits the businesses involved
    • Loss / restrictions on the use of private property taken for an easement
    • Loss or devaluation of private property
    • In some cases properties will not be able to be sold - locking families into a perilous financial situation
    • Generational destruction of the value of rural private property 
    • Personal sacrifice for corporate gain
    • Diminished Quality of Life
    • Increased risks from electromagnetic field produced by TWO 500kV plus a 765kV transmission line
    • Contamination of groundwater
    • Damage to Land/Livestock/Crops
    • Environmental consequences due to tree clearing and pesticide use
    • Destruction of scenic view sheds
    • Increased electric rates

    Transmission ROW Restrictions 

    (what you can't do with your property once a transmission line is placed on it)

    • FirstEnergy Easement Restrictions 
    • Dominion Energy Easement Restrictions 

    See What to Consider Before Signing An Easement

    Read More About Impacts to Property Values

    TRANSMISSION LINE EASEMENT Negotiations / Eminent Domain

    What to Consider Before Signing an Easement

    Most importantly don't sign anything without consulting a lawyer.  The Company cannot exercise eminent domain until the line is approved by your state agency.If you intervene request the commission condition approval on the approval of the other states!  


    Contact an Attorney, 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 these 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 advertising or recommending them its just a good concise list) 

    Additional Information

    Overview :

    • Transmission Lines and Eminent Domain: What Property Owners Need to Know
    • Overview of Easements

    West VA:

    • West VA Code Chapter 54. Eminent Domain 
    • Institute For Justice On West VA Eminent Domain Laws 
    • StopPathWV: Demystifying Eminent Domain 
    • StopPathWV: Just Say No To Utility Representatives  Sneaking Around Jefferson County
    • StopPathWV: Landowner Experiences with PATH and TrAIL Land Agents
    • WATI: Landowner  Advice Updated 1/31/2026

    Virginia:

    • The Code Of Virginia Title 25.1 Eminent Domain
    • Virginia Farm Bureau Eminent Domain Fact Sheet
    • Institute For Justice On VA Eminent Domain Laws  

    Pennsylvania:

    • PA Title 26 Eminent Domain 
    • Institute For Justice On PA Eminent Domain Laws  
    • PSA from State Rep. on easements

    Maryland:

    • MD Code Real Property Title 12 Eminent Domain 
    • MD Constitution Article III, Section 40 -40C
    • University of Maryland, College of Agriculture and Natural Resources: Transmission Lines and Property Rights: A Maryland Landowner’s Guide to Eminent Domain and the Piedmont Reliability Project
    • Institute For Justice On MD Eminent Domain Laws  

    For Owners Of Property With Existing Easements / Rights Of Way

    If you own property in Frederick County, Clarke County or Loudoun County, Virginia or Jefferson County, West VA that has an existing transmission line, find the original easement agreement and get a copy - including the plat.  


    The easement deed should have been filed as part of your property deed.


    Check the easement specifications these often include detailed descriptions of the following:

    1. The electric company that owns the easement (FirstEnergy, PEPCO, Dominion, Northen Virginia Power Company)
    2. Dimensions: The specific length and width of the right-of-way (ROW). Transmission tower ROWs typically range from 50 to 500 feet depending on voltage and terrain. This may be specified as an  offset either side of a center line.
    3. Infrastructure Details: The number, placement/location, height, and design of poles, towers, H-frames as well as the voltage carried.
    4.  Access Rights: The utility's right to enter the property for construction, maintenance, and emergency repairs.
    5. Vegetation Management: Explicit rights to trim or remove trees and brush within the ROW, and sometimes "danger trees" outside the primary area that could fall onto lines.


    This is important information for you to have to verify the  transmission developer and their subcontractors actually have been granted the right to undertake the work they are proposing. 


    The electric company has to abide by the legal specifications of the agreement that granted them that right-of-way across your property.  These are specific to the property.


    Based on the deed, you may not have to allow drilling or surveying on the easement.  


    You also may not have to accept different placement, height, voltage, number of lines and design of the transmission line without a new easement agreement and additional compensation.


    If you have questions, consult a property attorney.


    Note:  Northern Virginia Power Company is not First Energy  Ask for the legal paper work to show the rights transferring to ... don't be snowed ... there would be paperwork 

    Download Negotiating Transmission Line Easements - Kansas
    Download Wisconsin Overview of Right-Of-Way
    Download Env Impacts of Transmission Lines - WI PSC

    Impacts of Transmission ROW on Property Value

    • The impact of the Aspen-Golden transmission line on property valuations due to the view shed impediment on a 6.5 mile 500kV/230kV transmission line along Route 7 in Data Center Alley was estimated to be  between -1.0% and -19.2% of the current assessment. 
    • A similar decrease in property value was assessed for the Golden-Mars Case
    • For the Aspen-Golden 500kV/230kVtransmission line, no easements were sited on residential private property and the majority of the transmission line was sited along the Route 7 highway - the projected decrease in valuation is entirely due to the view shed impediment.
    • For the Golden-Mars 500kV transmission line, approximately 7 home owners will be subject to eminent domain takings,  one property will have a 185' pole between the house and the garage.
    • The analysis done for both cases was 'view shed only' mass appraisal on homes within 1/4 to 1/2 mile of the proposed line.
    • There was no assessment of the degradation in value of the private properties subject to a taking of 200' or the placement of a pole on the property. 

    PUR-2024-00032_DirectTestimony_Harvey-Highlighted-pgs1-19 (pdf)

    Download

    PUR-2025-00056-Loudoun_Olsen_PropertyValuePgs1-21-Highlighted (pdf)

    Download

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