The Forestry Forum

General Forestry => Forestry and Logging => Topic started by: GATreeGrower on May 16, 2013, 04:00:08 PM

Title: Lost a bunch of trees today
Post by: GATreeGrower on May 16, 2013, 04:00:08 PM
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.


 (https://forestryforum.com/gallery/albums/userpics/30024/downtrees.jpg)
Title: Re: Lost a bunch of trees today
Post by: mesquite buckeye on May 16, 2013, 04:42:50 PM
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.
Title: Re: Lost a bunch of trees today
Post by: GATreeGrower on May 16, 2013, 04:56:47 PM
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.
Title: Re: Lost a bunch of trees today
Post by: beenthere on May 16, 2013, 05:11:03 PM
Did you plant them in their ROW?  Just curious.
Title: Re: Lost a bunch of trees today
Post by: GATreeGrower on May 16, 2013, 07:23:53 PM
Most of the trees were outside of their right of way
Title: Re: Lost a bunch of trees today
Post by: Woodhauler on May 17, 2013, 06:54:01 AM
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.
Title: Re: Lost a bunch of trees today
Post by: chain on May 17, 2013, 07:55:49 AM
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.
Title: Re: Lost a bunch of trees today
Post by: GATreeGrower on May 17, 2013, 11:36:01 AM
It aint worth taking on the power company, not for a few hundred premerchantable trees  :)
Title: Re: Lost a bunch of trees today
Post by: enigmaT120 on May 17, 2013, 12:09:45 PM
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. 
Title: Re: Lost a bunch of trees today
Post by: mesquite buckeye on May 17, 2013, 12:10:27 PM
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
Title: Re: Lost a bunch of trees today
Post by: Axe Handle Hound on May 17, 2013, 12:38:42 PM
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. 
Title: Re: Lost a bunch of trees today
Post by: beenthere on May 17, 2013, 12:47:29 PM
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?
Title: Re: Lost a bunch of trees today
Post by: ely on May 17, 2013, 12:51:58 PM
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.
Title: Re: Lost a bunch of trees today
Post by: GATreeGrower on May 17, 2013, 03:41:02 PM
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. 
Title: Re: Lost a bunch of trees today
Post by: Ron Scott on July 08, 2013, 07:24:18 PM
What does your deed say about the right-of-way easement on your property? Is it defined?
Title: Re: Lost a bunch of trees today
Post by: SFires on July 10, 2013, 04:04:04 PM
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.
Title: Re: Lost a bunch of trees today
Post by: coxy on July 10, 2013, 05:50:40 PM
I have seen some ROW that are  100ft wide and have 50ft buffer zones on each side
Title: Re: Lost a bunch of trees today
Post by: Martha White Nelson on July 21, 2013, 12:19:50 PM
What a shame to lose so many!!  Maybe they went beyond their boundary.
Title: Re: Lost a bunch of trees today
Post by: 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.

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



 (https://forestryforum.com/gallery/albums/userpics/30024/powerlinespray.jpg)
Title: Re: Lost a bunch of trees today
Post by: John Mc on July 22, 2013, 09:43:50 AM
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?
Title: Re: Lost a bunch of trees today
Post by: GATreeGrower on July 22, 2013, 11:39:22 AM
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  :-\
Title: Re: Lost a bunch of trees today
Post by: wmrussel on July 22, 2013, 02:37:24 PM
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.
Title: Re: Lost a bunch of trees today
Post by: WDH on July 22, 2013, 09:55:00 PM
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.