Can Utility companies cut down and spray to kill trees along property lines ?

Chuck White · August 29, 2008, 09:02:15 AM

As a land-owner in NY, you can put limitations on what the contractors for the power company can cut or spray!

The contractor has the right to TRIM branches to a specific distance from the lines.

You the land-owner can say NO to spraying.

If the trimmers show up as in my case, I only own 1.5 acres, if they trim a tree in my yard, I'm usually out there and they won't get away with just peeling limbs off one side of the cherry trees, they will trim the whole thing to a level above the lines. In other words, they will make it look nice instead of just a "hack job".

stonebroke · August 29, 2008, 03:35:45 PM

Cheyenne, You should have a talk with your Assemblyman and your senator.

Stonebrokie

cheyenne · September 03, 2008, 09:34:21 PM

Chuck; is there any where that you know of where i can find that in print. thank you Cheyenne

Chuck White · September 04, 2008, 12:12:21 PM

cheyenne
I'll get the info for you. It might be a little while, but I'll get it.

Chuck

stonebroke · September 04, 2008, 02:56:44 PM

Wouldn't the PSC have that infomation.

Stonebroke

cheyenne · September 04, 2008, 04:41:24 PM

good idea i'll check with them in the morning.

Chuck White · September 05, 2008, 09:32:35 AM

cheyenne;

A friend of mine went through this ordeal with the power company and I finally got hold of him and he said it was a lawyer vs lawyer issue.

The point to remember is you actually own the land, the power company has the right to be on it to maintain their lines.
The power company has no other rights other than keeping the trees off of their lines, to a specific distance and line maintenance.

cheyenne · September 05, 2008, 01:16:36 PM

I agree totaly and agree as to why they have to trim & cut on their row. But that does not give them the right to come 50' off the row onto my property and clearcut. They contend they can cut anything that poses a danger to thier lines no matter where it is & I don't buy it. My deed & their deeded row clearly states they must reemburse the landowner for any damage. Moreover NYS law title 9-1501 states they must have the landowners permission & they never ask for it. They just say tough you don't like sue us. Well this time their pushing the wrong Indian. I'd rather die broke than let them destroy the land & push me around. If more people would fight we wouldn't have these problems. The problem with people today is they say let the goverment take care of it i'm watching tv. (LOOK WHERE THATS GOTTEN US) And who's going to fix all my roads they washed out. Cheyenne

stonebroke · September 05, 2008, 03:22:13 PM

Have you checked with the PSC?

Stonebroke

cheyenne · September 05, 2008, 04:53:53 PM

yes this morning, they are no help at all. They said call the utility and get a copy of the tarriff of row. I am told by the utility there is no such document it is governed by the body of the document of deed of row which they violated. Color me confused. CHEYENNE

stonebroke · September 05, 2008, 08:35:52 PM

What does your deed say?

Stonebroke

cheyenne · September 05, 2008, 08:41:12 PM

that they can access my ajoining land to service the lines with people & vehicles but they must recompence me for any damages. That is what the deed of row states. cheyenne

stonebroke · September 05, 2008, 09:22:12 PM

I would send them a bill

Stonebroke

Chuck White · September 05, 2008, 09:48:58 PM

One year the Power Company came onto my friends land and sprayed herbacide.

They were told ahead of time that there were cattle in there and they sprayed anyway.

One of the cattle later died and the Power Company paid for it. Also, they paid $50.00 each for some "Christmas trees" that they sprayed.

Bill them for anything of value that they destroy!

cheyenne · September 05, 2008, 10:34:22 PM

NYS Law article 9-1501 states; No person shall cut,pull or dig up for the purpose of removel bla-bla-bla-bla.........Penalties....... $250.00 per stump plus tremble damages x 5,000 stumps. Now try to get them to pay. Thats my lawyers job. Cheyenne

BCCrouch · September 12, 2008, 03:35:06 PM

Stick it to 'em as the lessons that sting their pocketbook are the only ones that truly make an impression!

sawmilllawyer · September 13, 2008, 07:00:39 PM

Amen, BBCrouch and good hunting Cheyenne.

Tom · September 13, 2008, 07:26:09 PM

You might get some help understanding the jargon if you meet with your county forester. They are schooled in such matters and might even be able to help your lawyer. Keep an eye out for a consulting forester that might help in a law suit as well.

cheyenne · September 13, 2008, 07:28:31 PM

Tom, good advice. thank you....Cheyenne

Ron Scott · September 16, 2008, 04:45:10 PM

Yes, you could use a consulting forester for some advice and you will probably need one to work with your attorney in any damage assessment. Your deed says that you are to be compensated for any damages so you have control of the situation and can get their attention accordingly.

You might be seeing the poor work of a contractor working for the utility company and some think that they can do what they want to and they will if the landowner doesn't call them on it.

Some like to go outside the right of way if the landowner doesn't say anything and do more tree removal than they should so that they don't have to come back as soon again. A certified bill for damages to the primary company president should get control and correction of the situation.

I've been an expert witness for landowner's in a number of such damage cases and the utility company usually "cleaned up their act" after being hit with a damage assessement for resource damages outside their right of way.

A little publicity in the local newspapers concerning any poor management practices also gets their attention. ;)

cheyenne · September 17, 2008, 01:37:57 PM

This site is amazing i've gotten more excellent advise here than i have from my lawyer. He doesn't want to be confrontational until he has to be & he may be right but my nature is you hit me with a stick & i'll beat you down with the entire forest. That being said does anyone know of a top notch consulting forester in my area & please keep the advice coming. Effie & I need all the help we can get to fight this battle. Maybe this battle will help other people in the future. Thank you. Effie & Cheyenne

Ron Scott · September 17, 2008, 08:02:55 PM

Check with the Association of Consulting Foresters of America, Inc at www.acf-foresters.org to see if there in one near you.

BaldBob · September 17, 2008, 09:06:58 PM

The closest ACF members to you would be:
Herbert Boyce in Jay, NY
Steven Bick in Thendara, NY
and Galen Hutchison in Leicester,VT
I don't know any of them personally, but as ACF members they should be well qualified and must adhere to a strong ACF ethics code.

cheyenne · October 22, 2008, 08:12:59 PM

UPDATE: Had a meeting with our lawyer this morning & we are now filing for a Summary Judgement against one of the Defendents in our Lawsuit....Cheyenne

cheyenne · November 04, 2008, 08:14:06 PM

UPDATE: Had a walk around today with all the defendents lawyers,surveyors & claims adjusters. Talk about people who get lost in the woods. After two hours of uphill, downhill, crawling over the slash, wading through mud & water & being dragged through the blowdowns I thought I would have to drag them all out with the ATV wagon. I don't think a single one of them knew what they were seeing just adding up billable hours....Cheyenne