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Lost a bunch of trees today

Started by GATreeGrower, May 16, 2013, 04:00:08 PM

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GATreeGrower

The power company got me.  Pulled up a hundred of my replants too.  Lost 250 total.  Just a bad month for me.  A shame to see your work go to waste.


 

mesquite buckeye

Check the right of way and see if they exceeded it. If so, you can get them for damages. Once you know where the ROW runs, maybe it should be planted in hay so this doesn't happen again.
Manage 80 acre tree farm in central Missouri and Mesquite timber and about a gozillion saguaros in Arizona.

GATreeGrower

In the process...it just sucks.  That's a good idea, I have the other side in food plots and they didn't take much.

beenthere

Did you plant them in their ROW?  Just curious.
south central Wisconsin
It may be that my sole purpose in life is simply to serve as a warning to others

GATreeGrower

Most of the trees were outside of their right of way

Woodhauler

Quote from: GATreeGrower on May 16, 2013, 07:23:53 PM
Most of the trees were outside of their right of way
You want to research the right of way more before you take on the power company. Up here in maine they bhave been building a new line along  side of the old one, YOU wouldn't believe the amount of houses , camps and so on that was built in the 100 ft right of way! Most lines have WAY more width then is cleared. They have a wider right of way for future building.
2013 westernstar tri-axle with 2015 rotobec elite 80 loader!Sold 2000 westernstar tractor with stairs air ride trailer and a 1985 huskybrute 175 T/L loader!

chain

Some folks may not read their property deeds too closely. Deeds may state exceptions to stated acreage. I've had just the opposite occur, a neighbor taking down my fence to move his line over to our trees. He didn't know south from north I guess. Establishing each property corner, boundary, and maintaining those frequently is important.

GATreeGrower

It aint worth taking on the power company, not for a few hundred premerchantable trees  :)

enigmaT120

It's not just the value of the trees he's out (well, the cost of planting them) but the permanant loss of that land for growing trees. 

It would be nice if they at least contacted the land owner to tell him what's going on.  Weyerhauser is my neighbor and they always tell me when they are doing operations on the land around me, even if it doesn't have any impact on me. 
Ed Miller
Falls City, Or

mesquite buckeye

I would still investigate exactly where the ROW boundary lines lie, then inform the power company of their tresspass, if any, and let them know that any future incursions will not be tolerated. This is a record of their abuse in case you ever want to go to court in the future. Often, you can collect damages in excess of the actual losses if an entity willfully damages you again after you have notified them of previous problems.

Also, you need to know where the ROW lines lie to adjust your future land management decisions. For example, you might want to plant the ROW to poison ivy or spiny brambles, for example. ;D
Manage 80 acre tree farm in central Missouri and Mesquite timber and about a gozillion saguaros in Arizona.

Axe Handle Hound

I would agree that you should at least let them know that they're operating off their ROW.  Don't think of it as "taking on the power company".  It's more of a partnership situation and they need, and in most cases want, to be good neighbors.  I work with right-of-ways quite a bit and most of the companies I work with are pretty decent on situations like this.  If they've damaged your personal property outside their ROW I'd be surprised to hear they wouldn't compensate you for your losses. 

beenthere

Is the ROW marked with ROW stakes?

Is it possible when the ROW was established, that there was a clause that controls the potential size of trees outside the ROW?  Something that allows them to take out trees on your side?
south central Wisconsin
It may be that my sole purpose in life is simply to serve as a warning to others

ely

ROW by definition of the way it is kept up has changed recently, most if not all power companies are regulated by NERC and FERC, two new, for the most part govt agencies. i think govt. we used to have 100 ft easement that had to be cleared, now we have the 100 ft ROW on the ground, then 10 ft up the right of way is trimmed out at a 45 degree angle in order to insure that no trees contact the lines. most landowners do not want the trees looking like that because they will die from the damage anyway, and they request us to just clear cut them back.

and yes typically if the power company oversteps there bounadries they are quick to appease the landowner if an agreement can be made without due process.

in our area weyerhouser plants some pines on our ROW with the understanding that they have to be recleared to the 100 ft by the post cutters way before they get near the lines. very seldom do we have to reclear it ourselves.

GATreeGrower

They've staked it now.  But there are rotted stumps from the clear cut six years ago that are well past where the planted trees got cut. 

Ron Scott

What does your deed say about the right-of-way easement on your property? Is it defined?
~Ron

SFires

I use to work for a tree company that cleared trees from the power line ROW's. You'd be surprised how many people have no ideal that electric company's have the right to cut trees out from under lines. I've had people threaten to sue me, whip my but, and even had a couple pull guns on me. Anytime we had problems we'd just call the electric company's arborist and he'd come out and talk to them. We'd usually be back the next day cutting there trees.
A man can always use more tools, more space,more wood, and a whole lot more time.

coxy

I have seen some ROW that are  100ft wide and have 50ft buffer zones on each side

Martha White Nelson

What a shame to lose so many!!  Maybe they went beyond their boundary.
Martha

GATreeGrower

The deed is in a safe deposit box and only my grandfather has the key.  It is something we will definitely address in time.  Just had a lot of other things going on right now.

One thing I dealt with immediately was their spraying under the powerline.  We are now on the no spray list.  They came in with backpacks one day when I was at work and zapped my blackberry patches, and part of my food plots.  I guess I can understand spraying around the guylines but dont know why this was necessary



 

John Mc

Quote from: GATreeGrower on July 21, 2013, 03:08:03 PM
The deed is in a safe deposit box and only my grandfather has the key.  It is something we will definitely address in time.  Just had a lot of other things going on right now.

The deed should be on file with the appropriate government office.  Here in VT, that's generally the town.  In other states, it's often on file at the county level.  So you should be able to get a copy without bothering grampa.  In fact, some places will fax or email you a copy if you call them with the identifying information (like the parcel ID number on your property tax bill).

QuoteOne thing I dealt with immediately was their spraying under the powerline.  We are now on the no spray list.  They came in with backpacks one day when I was at work and zapped my blackberry patches, and part of my food plots.  I guess I can understand spraying around the guylines but dont know why this was necessary

That does seem odd.  Blackberries ad food plots typically aren't a threat to powerlines.  They just don't grow tall enough.  Was this a case of them targeting those areas, or was it just overspray from other areas they were trying to control?
If the only tool you have is a hammer, you tend to see every problem as a nail.   - Abraham Maslow

GATreeGrower

Quote
That does seem odd.  Blackberries ad food plots typically aren't a threat to powerlines.  They just don't grow tall enough.  Was this a case of them targeting those areas, or was it just overspray from other areas they were trying to control?

They seemed to be targeting the blackberry briars.  They've sprayed the briars on other landowner's places around here.  Also, you may not be able to tell in the pic, but this is a drain to my fish pond.  So I wonder what was in the backpacks  :-\

wmrussel

It sounds like you're getting some good advice on here.  I look forward to hearing what happens with the power company.  I hope they went over the line and you get some compensation for the lost trees.
My name is William, but people call me Pete.  Long story......

WDH

Many deeds in many Counties are now on-line.  Google "Houston County, GA property records", but replace "Houston County" with your County.  If the records are on-line, Google will get you there.
Woodmizer LT40HDD35, John Deere 2155, Kubota M5-111, Kubota L2501, Nyle L53 Dehumidification Kiln, and a passion for all things with leafs, twigs, and bark.  hamsleyhardwood.com

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