F.A.Q.
At Steel in the Air, we receive some rather common inquiries that we find ourselves giving answers to on a regular basis. Here are some of the frequently asked questions.
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How do you charge for your services?
We charge on an hourly basis with our hourly rate for right of way assessments being $300/hour. A typical assessment takes 2-3 hours. Some more complex assessments may take longer.
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What do I get for my payments?
We will review your location and the proposal from the company requesting the right of way. We will research the purpose of the right of way and ascertain whether the company has flexibility in relocating the right of way to another property. We review the offer they have provided and will discuss with you what other landowners have received in similar situations. We will educate you on what we know about the particular company and how they typically negotiate. Lastly, we will provide a specific recommendation of what you should ask for from the company requesting the easement or right of way including the amount for damages and what the typical business terms are that you should agree to and those that you shouldn't. You will need to have an attorney review your final agreement.
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The land agent keep coming to my house day after day. What can I do?
If the land agent keeps showing up without an appointment explain that you will see him/her only after they make an appointment. Also, explain that if they keep showing up without an appointment that you will call the police and have them arrested for trespassing.
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I am a member of a electrical membership cooperative (EMC) and the agent says I have already given
them permission to build additional lines on my property. Is that true?
Because you were required to join a membership cooperative in order to get electricity to your home does not grant the cooperative a blanket easement over your property. Should the cooperative need to build additional lines on your property they should enter into negotiations with you and make an monetary offer based on just compensation. If you need assistance on determining how much this compensation should be, contact us for further guidance.
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Do I have to sign a document with a clause in it that provides that I warrant free and clear title of my property?
No. If the power company wants to go check the title to your property they can do so with or without your permission. You might explain that you are not an attorney and you have not checked your own title and therefore cannot warranty anything.
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I came home and the power company was already working on my property without my permission. What can I do?
If you go home and find a utility construction crew on your land and they are building a new electric line or anything else for that matter, ask who is in charge and then ask that person under what authority they are working on your land. If you are not happy with his answer tell them to stop until they can show you they have the authority to be there. If they don't stop immediately call the police and be prepared to get a Temporary Restraining Order. Contact a local attorney at that time and have them review your rights.
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The local gas company wants to build a pipeline within an existing electric easement on my property. Do I have to let them do it?
No you don't have to allow them to build the pipeline on your property. If they are talking with you the electric company didn't have the right to build a pipeline as part of their original rights they got when they built the electric line. The gas company will be paying the electric company to be within their easement. You might ask how much they are paying the electric company and if they are paying that money each year. They have to have your permission- another easement agreement in order to build. We can help you with that.
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I came home and a pipeline company was building a pipeline within the existing electric easement on my property.
Do I have to allow them to continue?
If the electric company has the right to assign their rights (one they acquired when they built the electric lines in the first place) and those rights included the right to build a pipeline then you may only be entitled to damages.
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The land agent says I have to sign or they will condemn my property. What do I do?
Explain to the agent that you are not comfortable with that demand and that the electric company should do whatever they feel they must. Explain that you don't respond well to threats and you will be happy to refer them to your attorney. At that point ask the agent to leave. In order for the company to condemn they must first have made an offer based on just compensation. If they haven't offered anything make sure you relay that information to your attorney. Don't sign any document you aren't comfortable with. Contact us to get help in determining what just compensation should be.
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The land agent says they will be at my property tomorrow to start work and I must sign the document now. What can I do?
Explain to the agent that if they begin any work on your property without a signed document giving them the required permission they will be trespassing. Let the agent know that your first call will be to the police and your second call will be to an attorney.
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I came home and the local electric company was cutting trees on my property for a new line. What can I do?
If you have not granted an easement to the electric company for a new line and the company has not tried to negotiate with you tell them to stop immediately and ask them under what authority they were doing the work in the first place. If you are not happy with their answer call the police and file a police report. Take lots of pictures. Inform the company that they are not to remove any equipment or begin any additional work until they have the necessary legal rights. At this time it would be wise to contact a local attorney.
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The land agent is making numerous verbal promises that are not in the easement agreement they want me to sign.
Do not sign a document that does not have everything they promised in it. Verbal promises may not be enforceable. You should tell the agent that you want everything you have talked about included in the document and will not move forward until they do. Call us to help you work out the details of the easement document.
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Who pays taxes on the land in the easement underneath the transmission lines?
Property taxes are an issue when it comes to power lines. Sometimes the power company owns the land underneath the power lines, sometimes not. When the power company does not own the land, they often negotiate an easement with the landowner. If you own land and sell it to the power company, then they are responsible for property taxes after the sale. But if you grant an easement to the power company, in nearly all cases you are still responsible for property taxes.
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A land agent for the utility told me I had to sign the easement document or they would turn my electricity off. What should I do?
Try and get the agent to say that in front of you and another person or put it in writing. Explain to the agent that should his company turn off your electricity when the bill is paid is actionable and that you will contact an attorney immediately. Ask the agent who his boss is and give that person a call or better yet call the president of the company and explain the conversation to him/her. If the situation/negotiation has gotten to the point that they are saying they are going to turn off your electricity because you have not granted them an easement, contact an attorney immediately.
- If you have other questions that have not been answered here, please feel free to contact us.