Is there any way to force a power company to give up an easement from ones property.?
Lines were pulled down more than 30 years ago and trees have grown up. I have offered to buy it back but they won't sell. Do I have any legal recourse to force the release of the easement?
Answers:
Every state has its own procedures for terminating abandoned easements. The definition of "abandoned" is usually set by prior court decisions, but some states have statutes. In California, for instance, an easement is considered abandoned if it has remained unused for 20 years. Some states may have specific requirements for eliminating railroad and utility easements in particular.
If you're serious about having this easement extinguished, you will need to contact an attorney and go to court. Your city council, zoning commission, PUC, land use authority, etc. do not have the power to release an easement.
Only the power company can give up the easement. The only other way is eminent domain which would mean the government takes the land but I don't think that would help you.
In what state and what power company. You may have to sue for your property back.
Contact your county planning commission; they were likely involved in the granting of the easement and may be able to suggest a remedy. (Hard to suggest anything else without knowing where you live -- these things are governed by state laws.)
Good question, I have a good answer.
If you look at local code, certain businesses and utility companies are forced by law to have a certain amount of feet of easement. Also they are even forced to have a certain amount of trees and bushes for every foot of easement. It is very complicated. Anyway, by selling even a tiny bit of the easement, it could cause the entire easement to bee redrawn, re-landscaped to add more trees and bushes, or even worse, might force the entire plant to close.
Read the terms of the easement. They generally read that the purpose of the easement is to construct and maintain certain types of facilities and use a lot more legal verbiage than that. If this is truly an easement and not a right-of-way, you own it.
They have abandoned it, thereby violating the conditions of the easement. You should be able to go to your state public service commission, or whatever name it has there, and ask that they declare the easement to be vacated.
Generally, easements must be used as described and for only those purposes or vacated.
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