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Old 12-31-2014, 11:11 AM
 
Location: Flawduh
17,117 posts, read 15,341,895 times
Reputation: 23708

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Quote:
Originally Posted by dysgenic View Post
Utility companies are not allowed to enter. I don't care what the 'statutes' say.
Some Supreme Court Decisions

This should be common sense. The bad guys always try to take the private out of private property.
Again:


Utility Easement Law & Legal Definition

The LAW says that if there is a Utility Easement on the property, the utility company has a right to it. It is written law. That's why Utility Easement is a legal term. Is it that hard to comprehend? Do you own property? If you do, look at the deed. If it has a utility easement on it, it will be displayed on the deed.

And who are the bad guys? The power companies that run underground wire so that you can have electricity in your house?

Here's a bit of common sense for you, since you seem to enjoy the term without valid information to back your statements:

You own property A in a subdivision. On your property, there is a pedestal (underground transformer) that regulates the voltage for 10 other properties.

You are gone on vacation. The transformer blows. There is no way to contact you.
You mean to tell me that the utility company has NO RIGHT to perform repairs on it because it's in your yard, even though it belongs to them, and on the property deed (legal property document) it states they have a Utility Easement at that location? You're saying that the owners of the 10 other properties will be without power until you return from vacation, simply because the thing is in your yard?

Come on, now. Common sense at its finest.
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Old 12-31-2014, 11:18 AM
 
3,092 posts, read 1,945,272 times
Reputation: 3030
Quote:
Originally Posted by Arcenal352 View Post
Again:


Utility Easement Law & Legal Definition

The LAW says that if there is a Utility Easement on the property, the utility company has a right to it. It is written law. That's why Utility Easement is a legal term. Is it that hard to comprehend? Do you own property? If you do, look at the deed. If it has a utility easement on it, it will be displayed on the deed.

And who are the bad guys? The power companies that run underground wire so that you can have electricity in your house?

Here's a bit of common sense for you, since you seem to enjoy the term without valid information to back your statements:

You own property A in a subdivision. On your property, there is a pedestal (underground transformer) that regulates the voltage for 10 other properties.

You are gone on vacation. The transformer blows. There is no way to contact you.
You mean to tell me that the utility company has NO RIGHT to perform repairs on it because it's in your yard, even though it belongs to them, and on the property deed (legal property document) it states they have a Utility Easement at that location? You're saying that the owners of the 10 other properties will be without power until you return from vacation, simply because the thing is in your yard?

Come on, now. Common sense at its finest.
Actually, the LAW does not say as you claim, the statute does. There is a difference as it is common sense that private property is permitted under our system.
Do you deny that Americans are allowed to own private property?

As to your example, I wouldn't say that the company has the right to enter, but I would say that common sense would indicate that they would enter. I doubt a jury would convict anyone under those circumstances. If I was on the jury, I certainly wouldn't.
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Old 12-31-2014, 11:26 AM
 
Location: Flawduh
17,117 posts, read 15,341,895 times
Reputation: 23708
Quote:
Originally Posted by dysgenic View Post
Actually, the LAW does not say as you claim, the statute does. There is a difference as it is common sense that private property is permitted under our system.
Do you deny that Americans are allowed to own private property?

As to your example, I wouldn't say that the company has the right to enter, but I would say that common sense would indicate that they would enter. I doubt a jury would convict anyone under those circumstances. If I was on the jury, I certainly wouldn't.

Yes. The law does. A property deed is a legal document, and the terms are listed on it and stored in court records.

By the way, a Statute is a Government-Enacted Law. I don't understand why you keep bringing up the word.
If your state or county follows said statute (if the deed displays a Utility Easement on it, then your county and/or state courts abide by it), it is a law in your state/county.
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Old 12-31-2014, 11:34 AM
 
3,092 posts, read 1,945,272 times
Reputation: 3030
Quote:
Originally Posted by Arcenal352 View Post
Yes. The law does. A property deed is a legal document, and the terms are listed on it and stored in court records.

By the way, a Statute is a Government-Enacted Law. I don't understand why you keep bringing up the word.
If your state or county follows said statute (if the deed displays a Utility Easement on it, then your county and/or state courts abide by it), it is a law in your state/county.
You are incorrect. When statutes (or 'laws' if you prefer) contradict one another, which law reigns supreme?

Quote:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure (emphasis mine) these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, -
From the Declaration of Independence
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Old 12-31-2014, 11:38 AM
 
Location: Flawduh
17,117 posts, read 15,341,895 times
Reputation: 23708
Quote:
Originally Posted by dysgenic View Post
You are incorrect. When statutes (or 'laws' if you prefer) contradict one another, which law reigns supreme?



From the Declaration of Independence
The one on the document you signed: Your property deed.
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Old 12-31-2014, 11:44 AM
 
Location: Way down younder.....
322 posts, read 243,098 times
Reputation: 82
Quote:
Originally Posted by Arcenal352 View Post
Look up Utility Easement. An easement is designated at the time the plot for a new development is designed.
It is ALWAYS recommended to be aware of utility easement locations, and to keep them as clear as possible.

Did you know that, even though it's your own property, you're not allowed to build on a utility easement? This is why, when planning to build on ones property, one has to find out where the Setback Lines are.

Utility Easement Law & Legal Definition
All easements will be on the deed to your property. If it ain't there it don't exist.
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Old 12-31-2014, 11:46 AM
 
Location: Flawduh
17,117 posts, read 15,341,895 times
Reputation: 23708
Quote:
Originally Posted by FT897 View Post
All easements will be on the deed to your property. If it ain't there it don't exist.
Obviously.
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Old 12-31-2014, 11:48 AM
 
Location: Way down younder.....
322 posts, read 243,098 times
Reputation: 82
Quote:
Originally Posted by Arcenal352 View Post
Obviously.
The power company does not have and easement on my property.
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Old 12-31-2014, 12:07 PM
 
Location: Annandale, VA
5,094 posts, read 5,171,657 times
Reputation: 4232
Quote:
Originally Posted by veuvegirl View Post
It's full blown trespassing. You cannot jump a fence because the power company said so.

The power company has right of way and ingress on ANY PROPERTY where they maintain equipment.
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Old 12-31-2014, 12:18 PM
 
Location: Way down younder.....
322 posts, read 243,098 times
Reputation: 82
There was a man in our community that got mad at the power company one time. He told them they had some set amount of time to remove all of their property from his property. After that time passed he cut down one of their poles with a chainsaw. Nothing ever happened to him for it and he ran a generator a few hours a day for years.
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