BCSnob
Middletown, MD
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Joined: 02/23/2002
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Asplundh asked for access to their high-tension power line right-of-way to remove a dead tree. The right of way is land locked and our drive and pasture is the shortest route (about 500’ across our pastures). I gave them permission; I should have assumed they would be careless/stupid.
Today, after rains last night, they scouted the job with a pick-up which got stuck temporarily. They returned with the big tree trucks and proceeded to leave ruts going in and coming out from where they removed a dead tree that was under the power lines.
What recourse do I have in getting the damaged pastures repaired?
I've filed a complaint with the power co.
I'll be documenting the damage later today.
Next time they'll get to walk in or bring a court order.
Mark
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Movin' on
western Ohio
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They did that to my neices yard. It wasn't for trees on her property, but made it easy for the trimmers. They left an awful mess. Her complaints fell on deaf ears, so next time, no way.
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dodge guy
Bartlett IL
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Even though you gave them permission, they still have to repair any damage left behind. it`s not hard or expensive for them to bring a bobcat or something and straighten out the mess.
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mgirardo
Brunswick, GA
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They are definitely responsible to repair the mess. Keep bugging the company, go up the ladder until it gets repaired.
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Doug4.7
Hartselle, AL, USA
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Joined: 10/02/2003
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mgirardo wrote:They are definitely responsible to repair the mess. Keep bugging the company, go up the ladder until it gets repaired. People always say this, but it is getting harder and harder to do so. The "higher ups" don't have listed phone numbers and are VERY difficult to contact. And companies wonder why folks don't trust them.
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BCSnob
Middletown, MD
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A neighbor has the phone number of the rep for tree trimming contractor who came through looking for the trees to be trimmed. I'll be calling him when I can get the number from the neighbor.
The other issue is that Allegheny Power just merged with another co and they are not too smart. They called to see if one of our two power meters was broken since we didn't use any power this last month. If they had checked last years' bills they would have figured out that we use very little (if any) power in the barns during the summer.
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jetboater454
Camping or home
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Why didn't they use the right of way to get to the power lines? They may or may not fix it because it's pasture land. They do have a right to get to the power lines with no recourse.
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Deb and Ed M
SW MI, USA
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I would write them a formal letter, detailing what you expect them to do to repair the damage done (don't forget to mention that you have national-level herding dogs who might get hurt on a high-speed runout) and here's the important part: send a copy to your State's Attorney General and let the Power Co and tree-trimmer know that. That always seems to light a fire under someone's chair....
As a last resort - there's always Small Claims Court?
I think this is mostly about being the Squeaky Wheel.
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onehorsehitcher
Donna Tx
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Asphundh is probably the worst of all the powerline tree trimmers. Too big to fight! At least that is what they think. I had an advance man come in and TELL me what they were planning to do with a few trees in my house yard. I told them they could not cut anything unless my wife or I approved. He said they could and argued with me. Fortunately when the power company purchased the easement several years before we put that clause in the agreement. I called the power company and told them the situation, they contacted Asphundh and instructed them to follow the instructions on the easement. They decided just to leave the trees as is. The local power company brought their equipment and did the work themselves to suit both them and us. A few years ago another company was doing the tree trimming and was looking for a place to put a few loads of wood chips. My wife is an extensive flower gardner and was certainly happy to get the chips for those beds. We have lots of room and they left around 75 cubic yards of chips. It has settled, rotted and now is wonderful mulch and dirt.
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tigerhwk
where I land
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jetboater454 wrote:Why didn't they use the right of way to get to the power lines? They may or may not fix it because it's pasture land. They do have a right to get to the power lines with no recourse.
Like the OP said, it is land locked, I have the same situation on my property, There is a storm sewer that runs underground at the back of my property,All properties on both sides of the sewer have a 20 foot right of way for the city, I have a couple of manholes in my back yard that the city has access to regardless of my opinion, they don't even have to ask.
Works much the same way for powerline arteries, written into the abstact at the courthouse
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