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Any laws broken?
#4543281
09/06/13 01:42 AM
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Joined: Sep 2007
Posts: 928
Isom's_Duck_Dawgs
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We have a power line running through our property. Not long ago an electric company came out cut the chain removed our lock and left their own lock. The easement contract is expired, the electric company never contacted us. Were there any laws broken? What action can/should we take?
Taylor Isom 817-933-2153 Cell
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Re: Any laws broken?
[Re: Isom's_Duck_Dawgs]
#4543295
09/06/13 01:48 AM
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Joined: Aug 2013
Posts: 1,466
Jkd106
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They should not have cut your lock off, but instead cut a link in the chain, but I believe they require access for maintenance purpose.
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Re: Any laws broken?
[Re: Isom's_Duck_Dawgs]
#4543296
09/06/13 01:48 AM
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Joined: Dec 2012
Posts: 2,210
LuckyHunter
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Never heard of an electric easement expiring. If it feeds your property I guess you could not allow access and they could cut off power.
Lucky 7 Exotic Ranch located in Eden, Tx. Well managed self sustaining herds roaming our 3,000 acre ranch. First Class Lodging, Ranch style meals and qualified guides. 30+ species.
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Re: Any laws broken?
[Re: LuckyHunter]
#4543349
09/06/13 02:07 AM
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Joined: Sep 2007
Posts: 928
Isom's_Duck_Dawgs
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We don't use the electric company that did this. The landowner next to use had a pole put on this place, an they just ran the line over from the pole on our place to his. The problem I'm having is why were we not informed, and they are using a different gate than what was in the easement contract. @ Jkd106 they did cut a link.
Taylor Isom 817-933-2153 Cell
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Re: Any laws broken?
[Re: Isom's_Duck_Dawgs]
#4543424
09/06/13 02:30 AM
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Joined: Dec 2012
Posts: 2,210
LuckyHunter
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Just call the power company and have a field engineer come out to answer your questions.
Unless you have deeper pockets than the power company I would do all your homework first.
Lucky 7 Exotic Ranch located in Eden, Tx. Well managed self sustaining herds roaming our 3,000 acre ranch. First Class Lodging, Ranch style meals and qualified guides. 30+ species.
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Re: Any laws broken?
[Re: Isom's_Duck_Dawgs]
#4543434
09/06/13 02:32 AM
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Joined: May 2013
Posts: 841
C3 guide
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I don't think it will hold up even if they were in the wrong.... But I very we'll could be wrong
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Re: Any laws broken?
[Re: C3 guide]
#4543714
09/06/13 03:58 AM
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Joined: Dec 2009
Posts: 5,197
tdecker22
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I think they are able to do that. In January the power company did the same thing to our chain and put in a cheap a$$ lock. Miraculously 3 days after the power co was in there all if our stuff was stolen. We have never been broke into until they put that lock on there. It was in Emory. I called the elec co and gave them a piece of my mind and told them they had someone working there that was stealing. No way to prove it but I still feel it was someone with the co. I told them they better contact us next time they need on our place and I will be watching and td them they step 1 foot over the easement and somebody is getting some bird shot in there [censored].
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Re: Any laws broken?
[Re: tdecker22]
#4543810
09/06/13 05:04 AM
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Joined: Jul 2008
Posts: 22,282
Texas Dan
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Given that your neighbors depend on the power that travels through those lines, do you really want to create a stink about a lock that gives power company workers access for maintenance and getting the power back on after storms and such?
We were glad when the power company put locks on our gates as needed to reach the lines and right of ways on our lease. Since we just lease the place for mostly weekend fun, you won't find us trying to make life more difficult on our neighboring landowners.
"Some people will never like you because your spirit irritates their demons."
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Re: Any laws broken?
[Re: Isom's_Duck_Dawgs]
#4543823
09/06/13 05:17 AM
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Joined: Jul 2007
Posts: 35,168
Brother in-law
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The most you have is criminal mischief under 50 with no proof or witness who did it.
You have nothing but a customer service complaint to the elec co.
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Re: Any laws broken?
[Re: Brother in-law]
#4543966
09/06/13 11:41 AM
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Joined: Aug 2009
Posts: 11,124
LandPirate
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If they have equipment running through your property then there was an agreement at one time. My experience is that those agreement's don't expire or go away. That means that they have access. I don't see anything illegal.
I'd call and talk to someone and try to come to an understanding.
Mike Buda, Tx Hunt near Freer
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Re: Any laws broken?
[Re: Isom's_Duck_Dawgs]
#4543987
09/06/13 12:00 PM
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Joined: May 2006
Posts: 31,058
HWY_MAN
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The easement contract is expired, Well thats one I've never heard of. My experience with high lines and pipelines is thats a one time payment for the life of the line. Per rod price plus damages all in a lump sum payment. Were I running either I would never get into that type of contract.
Yes! A Weatherby does kill them deader.
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Re: Any laws broken?
[Re: HWY_MAN]
#4544014
09/06/13 12:16 PM
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Joined: Dec 2006
Posts: 11,741
passthru
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I've seen this happen. Just contact the person running the area, a couple of phone calls will find them, then explain what happened. Probably someone who had never checked that run of line and just needs his supervisor to chew on his butt and get your lock/chain set up straight. Not worth legal issues.
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Re: Any laws broken?
[Re: Jkd106]
#4544394
09/06/13 02:51 PM
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Joined: Aug 2009
Posts: 1,654
crstfr
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They should not have cut your lock off, but instead cut a link in the chain, but I believe they require access for maintenance purpose. +2...they cut the link, and lock through the link and your lock!.. we have a few locks on our gate.. all linked together.. for a pipeline, electrical..etc..
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Re: Any laws broken?
[Re: HWY_MAN]
#4544434
09/06/13 03:01 PM
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Joined: Jul 2010
Posts: 6,873
HuntnFly67
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The easement contract is expired, Well thats one I've never heard of. My experience with high lines and pipelines is thats a one time payment for the life of the line. Per rod price plus damages all in a lump sum payment. Were I running either I would never get into that type of contract. Bet you and I both would be all over it if we were the landowners though. I have seen limited term easements, but those were on Indian Lands in Oklahoma. Never ran across one down here though. It seems that the older the easement is, the more ambiguous the terms are. To the OP, you might have a claim on your title insurance policy if they missed an easement.
Last edited by HuntnFly67; 09/06/13 03:01 PM.
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Re: Any laws broken?
[Re: HuntnFly67]
#4544636
09/06/13 04:08 PM
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Joined: Dec 2009
Posts: 866
redseal
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I know that easements bought when the original poles are put in are usually cheap because they will work a deal with you for doing your service cheaper or so was the case on our place I found the contract the other day and the easement was sold for 1 dollar but the service drop was dirt cheap.
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Re: Any laws broken?
[Re: redseal]
#4545142
09/06/13 07:24 PM
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Joined: Dec 2010
Posts: 1,083
Branden
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I can tell you that I work for the power company and there is no easement that expires, and every gate that has a chain gets a link cut out for us to have access...YOU have to alow us access to are easement for maintaince or emergence reasons. Now if we tear stuff up we pay for or get it fixed.
To answer your question your in a loosing battle with that.
Last edited by Branden; 09/06/13 07:26 PM.
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Re: Any laws broken?
[Re: Isom's_Duck_Dawgs]
#4545356
09/06/13 08:58 PM
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Joined: Apr 2009
Posts: 5,564
Slow Drifter
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We don't use the electric company that did this. The landowner next to use had a pole put on this place, an they just ran the line over from the pole on our place to his. Shouldn't that have required a separate easement for the new run? I gave my neighbors one a few years ago when they built a house for their parents down the road a bit from my place to hop off my service drop over to their place.
"I have no idea what WW-III will be fought with, but WW-IV will be fought with sticks and stones." A. Einstein
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Re: Any laws broken?
[Re: Slow Drifter]
#4545363
09/06/13 09:05 PM
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Joined: Oct 2004
Posts: 39,608
redchevy
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Funny you mention this... We went to our place this weekend and when we pulled up to the gate at 11:30 at night it saw that the electric company had cut a link off of the old chain or cut their old lock. Any how our lock was intact on the end of the chain and now locked out. I took me about 1/2 hour to cut through the chain with hacksaw
It's hell eatin em live
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Re: Any laws broken?
[Re: redchevy]
#4545762
09/07/13 12:19 AM
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Joined: Aug 2008
Posts: 7,806
Deerhunter61
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Might be good to put a couple of game cams that don't have flash that can take photos of who use the easement...
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Re: Any laws broken?
[Re: Texas Dan]
#4545773
09/07/13 12:25 AM
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Joined: Feb 2013
Posts: 627
smh264
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Given that your neighbors depend on the power that travels through those lines, do you really want to create a stink about a lock that gives power company workers access for maintenance and getting the power back on after storms and such?
Sure. Why not. Not all neighbors are good neighbors. A place we caught rattlesnakes for 40 years sold a few years back. Being good neighbors, we asked permission to go up to the snake den since the place had new neighbors. They told us to stay off the place and that there would be serious problems if they ever caught us at the den. Incidentally, they didn't even know they had a rattlesnake den on the place. They wouldn't wave on the road when anyone met them and isolated themselves from everyone who had lived in that area for generations. When it came time to build their new home, they came to us and asked if they could bring the electric poles through our place because to go around it would be cost prohibitive. Naturally, we were not inclined to clutter our place with easements/poles/lines and the like to people who would not even speak to us when they passed us on the little dirt roads. I'm sure we were the bad guys in their eyes and maybe even in the eyes of some of some of the touchy-feely types who all just want to get along. Was pretty sweet justice for me to see what all they had to go through simply because they acted a$$e$ as neighbors when they bought the place.
Lifetime NRA Member, GPAA member Ex Law Enforcement/Police Firearms Instructor
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Re: Any laws broken?
[Re: smh264]
#4546421
09/07/13 03:57 AM
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Joined: Dec 2011
Posts: 14,308
Ramsey
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Pepe' Le Pew
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Posts: 14,308 |
Big Beckett!!
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Re: Any laws broken?
[Re: Ramsey]
#4546555
09/07/13 05:23 AM
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Joined: Oct 2009
Posts: 10,496
Halfadozen
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Have had this happen with oil field guys, bypassing the daisy chain and double locking. He had done this on purpose because I gave him a ton of grief about dummy locking the gate when he was checking rigs. Had a bunch of cattle get through. So he decided to lock us out of our own place. A few well placed phone calls and now no problems. Electric companies I have never had an issue with, as most are rural co-ops. Member owned and are very respectful of property and easements. Good luck.
Freedom is a fragile thing ...Those who have known freedom, and then lost it, have never known it again. -- Ronald Reagan
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Re: Any laws broken?
[Re: Halfadozen]
#4550287
09/08/13 08:06 PM
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Joined: Mar 2012
Posts: 360
ILikeRugers2
Bird Dog
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Bird Dog
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They will get to their easements by any means necessary.
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Re: Any laws broken?
[Re: Branden]
#4551500
09/09/13 02:24 AM
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Joined: May 2010
Posts: 12,987
hoof n wings
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I think the OP stated they cut his lock off and put theirs on and it wasn't at the easement gate I can tell you that I work for the power company and there is no easement that expires, and every gate that has a chain gets a link cut out for us to have access...YOU have to alow us access to are easement for maintaince or emergence reasons. Now if we tear stuff up we pay for or get it fixed.
To answer your question your in a loosing battle with that.
I'd ask him if he's pregnant. He missed a s__tload of periods. I'll take "things that look like a uterus" for $200 Alex.
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