Real Estate
Sponsored by

Easement question

2,324 Views | 12 Replies | Last: 10 mo ago by EVA3
BoerneGator
How long do you want to ignore this user?
AG
Is it even possible to modify (narrow) a long standing easement of an LCRA transmission line? While I search for the right attorney to pursue this quest, I'm attempting to inform myself on this area of the law. I have observed the existence of similar power lines with much narrower easements, based upon either fencing that delineate them, or the existence of structures in close proximity to them.

The one (it's actually two, side by side) I am concerned with is 175' wide, yet the monopoles that support the lines are only 60' apart. I'd like to obtain a release for the 110' of excess. I'm just curious about the disparity between similar lines, and motivated to reconcile it. TIA
agnerd
How long do you want to ignore this user?
AG
Almost zero change of that happening. But if you want to pursue it anyway:
Verify there's nothing else in the easement. If there is, stop and abandon the idea.
Easement needs to be in a fully developed area. Otherwise they may need it in the future for larger towers. If it's not fully developed, abandon the idea.
Are you willing to pay the utility to abandon the easement or a portion of it? If so, proceed knowing that you will probably spend a lot of time and maybe money on this idea and will probably not accomplish anything.
BoerneGator
How long do you want to ignore this user?
AG
Quote:

Verify there's nothing else in the easement. If there is, stop and abandon the idea.

Easement needs to be in a fully developed area.
This is in open pasture land, and lying between two substations in close proximity. About three-four years ago, they replaced existing towers with monopoles, with larger cables/capacity.

By "fully developed area", or you referring to the adjoining property being fully developed? It is not. Thanks.
Kurt Gowdy
How long do you want to ignore this user?
AG
They bought that easement from whomever however long ago - unless you're proposing buying it back, I'm not sure that they'd give you any time.

It feels like to me, based on what you described, they may have bought what they did to add an additional line within the existing easement boundaries at some future point. Hopefully your existing easement would limit their ability to do that.
beerag04
How long do you want to ignore this user?
AG
By fully developed, agnerd means if more people are moving in to the general area (more load) they will want to keep the maximum easement so they have enough space to accommodate a bigger line in the future. Even if they replace the lines on the same poles, as you increase kV you need larger clearances around the line to keep vegetation clear. For all the reasons stated above, they are not likely to release any of the easement.

If you have a specific use in mind, you can read the easement and see what uses are currently allowed within the easement area. You can also ask them to consent to a specific use in the easement area, even if the easement remains. If you want to build a structure or plant anything taller than corn, they will probably say no, but if you want to build a road or do something else that will not interfere with them, you can ask them.
Lone Stranger
How long do you want to ignore this user?
When it comes to LCRA they tend to have their own special rules different from municipals, coops or investor owned utilities since they are a special state govt entity. Since they owned by the state, the rules tend to favor LCRA more than a normal muni, coop or investor owned utility. I would guess unless you offer a pot of gold for them to relinquish some of it they are going to say no thanks...we will hold it for "future growth/bigger lines/more lines needs as central TX continues to grow."

They do have a procedure should you decide you would like to inquire about encroachment into their right of way. Fill out the forms with what you want to do, how it encroaches and if they don't see any technical or safety problems they tend to grant the encroachments as stated by another poster above for things without much height like roads, etc.

HTownAg98
How long do you want to ignore this user?
Are you wanting them to narrow the easement just so you have more unencumbered land? If so, they're likely going to tell you to take a hike. If you've got some kind of development going and need the space, they may allow for an encroachment depending on what you're doing.
Martin Q. Blank
How long do you want to ignore this user?
^ yah, why do you want the easement narrowed?
tamc93
How long do you want to ignore this user?
AG
It will be easier to force them to maintain the easement then reduce the easement width.

It may also rain over the easement in the near future.
Jason_Roofer
How long do you want to ignore this user?
We have an easement like this on our place. The cattle use it, it's inside my fence line, it's largely unmaintained and I do nothing with it except enjoy the land use as I always have. We shoot, graze, ride, drive, etc under the ones in the easement. The effort to have it reduced so I can do the things I already do doesn't seem worth it. It was finally maintained when poles were replaced. It hadn't had a worker set foot in it for decades since it was allowed.

What is the problem with your easement?
ElephantRider
How long do you want to ignore this user?
AG
What's the voltage on the line? You said they put in monopoles and larger conductor. There may be an engineering need for that much space (impossible to know without a lot more detail; pole height, conductor configuration, tension/sag, etc.)


Ultimately, it's very unlikely that they will give up ROW. And if they do, you'll pay a pretty penny for it.
Omperlodge
How long do you want to ignore this user?
We negotiated at completely our cost to move an overhead power line underground with LCRA about 20 years ago. It was all ready to be signed then their management put a stop to it. They said that even though we were paying the costs, they weren't going to do it because the public wouldn't see it that way and would put pressure on them to move the rest of it underground which they weren't going to do.
EVA3
How long do you want to ignore this user?
AG
What does the easement deed say?
Refresh
Page 1 of 1
 
×
subscribe Verify your student status
See Subscription Benefits
Trial only available to users who have never subscribed or participated in a previous trial.