before you decide to go after the power company for the intrusion make sure you have your facts, they have more high powered attorneys than you could fit in a greyhound bus. was the work actually done by the power company or just a contractor? Also when you signed up for service with them you most likely signed a service agreement giving them an easement and the permission to maintain the vegetation in that designated easement. still that is totally unacceptable where I come from I used to work for Asplundh which is the biggest line clearance contractor in the world, if we ever tried to leave behind a mess like that we would be down the road.
Damage done by American Electric and Power
- Thread starter Ryan Willock
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They may send the chip crew by in a few weeks to clean up, you never know. The clean up is the only problem I see. What if they didn't provide clearance and it started a fire on "your land" I bet you would be pissed at them for not cutting it down.
I know every time I look at the butcher job they did on a live oak in my front yard that line clearance does not give a rats a$$ about tree care. However their job is to keep the juice flowing through the lines. A live oak under power lines is poor planing, and I think in most cases a candidate for removal or drastic pruning to ensure line clearance. I now keep the tree well within clearance on my own to make it a tree they don't have to touch when they come back on their 3 year cycle.
Do your own line clearance if you don't like the FREE line clearnce provided by the electric company.
Greg
I know every time I look at the butcher job they did on a live oak in my front yard that line clearance does not give a rats a$$ about tree care. However their job is to keep the juice flowing through the lines. A live oak under power lines is poor planing, and I think in most cases a candidate for removal or drastic pruning to ensure line clearance. I now keep the tree well within clearance on my own to make it a tree they don't have to touch when they come back on their 3 year cycle.
Do your own line clearance if you don't like the FREE line clearnce provided by the electric company.
Greg
Jock
ArboristSite Operative
Why dont you just drop a tree over the wires? I would.
treeguy347
ArboristSite Operative
Regardless of use, rights of way, or the fact that it's free, line clearance should be done in an arborculturally (is that a word?? 
responsible manner. Trees USA is doing some extensive work up here, and from what I can tell, they're doing a darn good job: proper cuts, brush chipped, site clean, except for some little piles of firewood for the homeowners who want it, no butchered trees, all in all a professional job. That's how LC should be done. The other thing that really grinds me is when the county decides to play tree trimmer and runs their brushhog up the sides of trees to get rid of any limbs too close to the road. But, they're too cheap to hire someone to do it proper...
responsible manner. Trees USA is doing some extensive work up here, and from what I can tell, they're doing a darn good job: proper cuts, brush chipped, site clean, except for some little piles of firewood for the homeowners who want it, no butchered trees, all in all a professional job. That's how LC should be done. The other thing that really grinds me is when the county decides to play tree trimmer and runs their brushhog up the sides of trees to get rid of any limbs too close to the road. But, they're too cheap to hire someone to do it proper...Guy Meilleur
Addicted to ArboristSite
before you decide to go after the power company for the intrusion make sure you have your facts, they have more high powered attorneys than you could fit in a greyhound bus.
** One report from a consultant can persuade them to propose a settlement. It's worked before.
was the work actually done by the power company or just a contractor
** That makes little difference; company always ultimately responsible.
Also when you signed up for service with them you most likely signed a service agreement giving them an easement and the permission to maintain the vegetation in that designated easement.
** Not unannounced; if they just mosey on in without letting you know that's trespassing.
if we ever tried to leave behind a mess like that we would be down the road.
** Mess a small issue whether or not they come back to clean it up. Loss of tree value is what matters and there are many ways to document that and go to them and demand compensation.
** One report from a consultant can persuade them to propose a settlement. It's worked before.
was the work actually done by the power company or just a contractor
** That makes little difference; company always ultimately responsible.
Also when you signed up for service with them you most likely signed a service agreement giving them an easement and the permission to maintain the vegetation in that designated easement.
** Not unannounced; if they just mosey on in without letting you know that's trespassing.
if we ever tried to leave behind a mess like that we would be down the road.
** Mess a small issue whether or not they come back to clean it up. Loss of tree value is what matters and there are many ways to document that and go to them and demand compensation.
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Ryan Willock
Addicted to ArboristSite
We just purchased this property within the last six months and these are exsisting lines. Brett, I WOULD do my OWN line clearance work but seeing as how I don't want them on the property at all ( I would like to do hydro power or another "alturnative source"). The line pictured runs right through the MIDDLE of the property!!! There is NO reason for it as my neighbor (the ONLY one the line feeds) has one right in front of his property that would provide easier access to him after a new right-of-way was cut.
Greg, Asplundh was the co that did the work for AEP.
Greg, Asplundh was the co that did the work for AEP.
jokers
Addicted to ArboristSite
Hi Ryan, I understand your dismay at having people with lower arborcultural standards than your own access your property at will and leave what looks to you like a trail of destruction, but... if I were you I`d put my energy into getting over it rather than trying to persue the issue with the utility. Let me tell you why.
First, although I didn`t scrutinize all of your photos, the ones I did look at showed that this crew worked to the industry standard for rural ROW clearance. Your site looks like any other rural site with a ROW. Besides, how would a crew get a chipper in to clean up that stuff?
As far as the timber value of anything standing in the right of way, too bad. The same eminent domain(for the good of the majority) that let`s the utility or it`s agents establish the ROW in the first place allows them to maintain it at will. If there had been valuable timber in the path of the ROW before it was established you may have been able to negotiate some compensation for the timber but on an existing ROW you are SOL. By all rights nothing should have gotten large enough to have any value.
Like someone else mentioned, the utility will have enough high priced lawyers to fill a Greyhound. Actually they will have enough high priced lawyers to fill the Greyhound terminal. Even the small time attorneys will be on some retainer agreement so finding an attorney who can challenge the utility even if they wanted to is going to be hard. Utilities are involved in constant legal battles whether through litigation or legislation and most find it beneficial to hire every bottom feeding lawyer out there on some basis. Just like settling out of court saves on big time attorneys fees, having the small timers bound by a two bit retainer prevents people with small claims from persuing them with a lawyer`s representation.
The next issue that I want to speak about is extremely important. The absolute need for working clearances. Not only do these clearances protect the integrity of the grid but they protect people from unanticipated casual exposure to high voltages as well. This is good for you and your`s, or anyone who may venture on to your property legally or not(liability), and especially you if you decide to do your own trimming. Depending on the voltages present, your clearance from an energized conductor may need to be as much as 13' to prevent and arc to ground through you. If you don`t know line clearance work intimately, don`t try to learn on your own because it could very well cost you your life, and a possible lawsuit against your estate for malicious tresspass that either caused a disruption to service or damage to utility equipment. Yeah I know that it`s your property but don`t forget about the utility easement and their rights that go with it.
Grin and bear it my friend, and in the meantime get to know the Utility Tree supervisor in charge of your area. He will have alot more ability to influence what kind of future work is done at your place in the future than you will by trying to play hardball. These guys deal with these issues everyday while you would be just learning the ropes.
Russ
First, although I didn`t scrutinize all of your photos, the ones I did look at showed that this crew worked to the industry standard for rural ROW clearance. Your site looks like any other rural site with a ROW. Besides, how would a crew get a chipper in to clean up that stuff?
As far as the timber value of anything standing in the right of way, too bad. The same eminent domain(for the good of the majority) that let`s the utility or it`s agents establish the ROW in the first place allows them to maintain it at will. If there had been valuable timber in the path of the ROW before it was established you may have been able to negotiate some compensation for the timber but on an existing ROW you are SOL. By all rights nothing should have gotten large enough to have any value.
Like someone else mentioned, the utility will have enough high priced lawyers to fill a Greyhound. Actually they will have enough high priced lawyers to fill the Greyhound terminal. Even the small time attorneys will be on some retainer agreement so finding an attorney who can challenge the utility even if they wanted to is going to be hard. Utilities are involved in constant legal battles whether through litigation or legislation and most find it beneficial to hire every bottom feeding lawyer out there on some basis. Just like settling out of court saves on big time attorneys fees, having the small timers bound by a two bit retainer prevents people with small claims from persuing them with a lawyer`s representation.
The next issue that I want to speak about is extremely important. The absolute need for working clearances. Not only do these clearances protect the integrity of the grid but they protect people from unanticipated casual exposure to high voltages as well. This is good for you and your`s, or anyone who may venture on to your property legally or not(liability), and especially you if you decide to do your own trimming. Depending on the voltages present, your clearance from an energized conductor may need to be as much as 13' to prevent and arc to ground through you. If you don`t know line clearance work intimately, don`t try to learn on your own because it could very well cost you your life, and a possible lawsuit against your estate for malicious tresspass that either caused a disruption to service or damage to utility equipment. Yeah I know that it`s your property but don`t forget about the utility easement and their rights that go with it.
Grin and bear it my friend, and in the meantime get to know the Utility Tree supervisor in charge of your area. He will have alot more ability to influence what kind of future work is done at your place in the future than you will by trying to play hardball. These guys deal with these issues everyday while you would be just learning the ropes.
Russ
Ryan Willock
Addicted to ArboristSite
Russ, they had a chipper on the site!! they chipped some stuff but left the majority of it.
Guy Meilleur
Addicted to ArboristSite
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