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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. 


    For  example from the Dominion Transmission easement restrictions (downloadable below) : 

    The following types of Encroachments will generally be denied by the Rights of Way Management of the Company:

    • 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


    Read More About Impacts to Property Values

    Transmission Line Easement / Easement Documents

    Below are some documents on transmission line easement impacts, and things to be aware of per the transmission line easements.  If your property is impacted you will want to contact a lawyer. 


    Most importantly don't sign anything until the Transmission line receives approval for all segments form all the states it crosses!  


    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.

    Download Negotiating Transmission Line Easements - Kansas
    Download Environ Impacts of Transmission Lines - WI PSC

    Other Resources

    West Virginia Against Transmission Injustice (WATI): Landowner Advice Updated 1/31/2026West Virginia Against Transmission Injustice (WATI): Landowner AdviceStopPathWV: Just Say No To Utility Representatives Sneaking Around Jefferson CountyStopPathWV: Landowner Experiences with PATH and TrAIL Land Agents14 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)Transmission Lines and Eminent Domain: What Property Owners Need to KnowFirstEnergy Easement Restrictions (What you can't do on your own property once First Energy puts a transmission line there).Dominion Energy Easement Restrictions (What you can't do on your property once Dominion puts a transmission line there)

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