private property easements

AT&T cell tower easement question from reader

AT&T cell tower easement question from reader "Goofy" residing in parts unknown.

At&T is putting big cell tower on top of hill on timber company property. The power company and engineers have determined that our property is the closest point to gain power for the tower.

It would mean that we would have to give easements to three, possibly four different entities. Our transformer at the top of the driveway by the coolers would need to be replaced, and crews here to put in underground power lines from transformer across our property.

Stan talked briefly to the engineer and said he wanted compensation for allowing easement and power lines buried all the way across property. The power guy said they usually don’t pay for access. I am hearing conflicting info.

Power people were here yesterday and I was able to talk briefly with the guy. He did suggest that as part of “negotiations”, we should require them to fix driveway as they will have to upgrade lines up the hill to new transformer. That makes me think that maybe the entities are not going to be forthcoming and will try to gain access from us by convincing us that we would be good chaps to allow them free access.

I am such a goofy idiot. I trust people to do the right thing. But my warning signals are going off. I want to be fair, not screwed.

Have been looking on web for info, but must not be putting in correct search wording.

Any suggestions?

Thanks

Comments for private property easements

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Jan 14, 2016
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What to charge for easement
by: Anonymous

Cell tower fiberopticts will be using an existing easment on my property. The easment the cell tower wants is 100 ft x 10 ft wide. They are using the power poles that PGE is using. What formula do I use to find the price of the easment?

Sep 13, 2011
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Who Compensates, Cell Company or Power Company?
by: Anonymous

So I have a similar situation. There is an existing cell tower lease on Indian Land. In the lease it reads, "Leases Premises: Lessor leases to the Lessee .....(legal description)... together with a non-exclusive easement for reasonable access and to the appropriate source of electric and telephone facilities."

1st PROBLEM: the easement described does not legally exist and it is trespassing on 4 adjacent properties. The cell tower company says its the Lessor responsibility to obtain easement from utility company and they are not obligated to compensate anyone. They suggest we go to the utility company that is servicing them. Is this true and who do I go after?
However, the lease also reads, "Utilities: Lessor represents that utilities adequate for lessee's use of the leased site are available. Leasee will pay for all utilities used by it at the lease site. Lessor will cooperate with the Lessee in the Lessee's efforts to obtain utilities from any location provided by Lessor or the servicing utility. (At the time the lease was signed we were unaware the easements had not been legally acquired. Now that we know this, we are willing to prepare and obtain consent from the adjacent 4 property owners, but the cell tower company or someone needs to compensate the owners for the easement.) Am I correct?

2nd PROBLEM: Lessee doesn?t feel it needs to compensate the Lessor for replacement of T1 lines for fiber optic lines. They are calling it maintenance. Original lease reads, "Leases Premises: Lessor leases to the Lessee .....(legal description)... together with a non-exclusive easement for reasonable access and to the appropriate source of ELECTRIC AND TELEPHONE FACILITIES." Also in the lease is reads, "INSTALLATION, OWNERSHIP, AND REMOVAL OF IMPROVEMENTS: Lessee may, AT ITS EXPENSE, make such improvements on the lease premises as it deems necessary for the operation of a transmitter site for wireless voice and data communications." In addition to this it also reads," USE OF LEASE PREMISES: the leased premises will be used by tenant for the purposes of installing, removing, replacing, maintaining and operating, at its expense, a personal communication system facility ("PCS"), including , without limitation, related structures, antenna equipment and fixtures."

Is swapping out the T1 lines to Fiber optic lines to accommodate the WiMax, changing the use of the lease? Either way does the Lessee need to compensate the Lessor? Would this action be considered maintenance or an improvement?
Can you give me some guidance? Thanks.

Apr 08, 2011
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private property easements
by: Kathy (googy)

I would not be too concerned about granting easement to cell tower....except

Driveway is about quarter mile long, straight up hill. Need 4x4 during winter months.

Easements would affect 5 acres of second growth mature dug fir timber.

We are located in a rural area of the Oregon Cascade Mountains and are surrounded by private timber companies and state forests. Closest large population would be Salem, Oregon. Our property offers the only "easiest" opportunity to run power from. Other option open to power company is to run cables over a mile in a curvy fashion. Our property offers direct line to tower which would be about 1/2 mile away.


Apr 08, 2011
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Yes they need to compensate you...
by: Sean - Airwaves

If the power company is coming across your property they should not only repair any damage that they do but they should compensate you financially for the easement. They do not have the authority to take your property to run power to another owners property. You should be compensated for the easement with a one time payment that we can only determine the value of if we know more information. Please call us.

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