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Comment on ""You Didn't Really Want That Tree, Did You?"" - Source of Title/OH
6/4/2012 5:20:40 PM (2290 views)
A broad swathe - Leigh Attridge/MA
6/4/2012 5:20:40 PM (3507 views)
Re: Comment on ""You Didn't Really Want That Tree, Did You?"" - Scott Perry/PA
6/4/2012 10:09:29 PM (3459 views)
The broad language is offensive... - Robert Franco/OH
6/5/2012 9:25:08 AM (3404 views)

In several eminent domain cases I have worked on, First Energy has used extremely broad language to appropriate tree clearance rights on "adjacent land."  Here is the language they seek to appropriate in their petitions:

Plaintiffs shall also have the full authority and right, in their sole discretion, to trim, remove, clear, keep clear, and otherwise control any or al trees or vegetation adjacent to said right of way that, in the opinion of Plaintiffs, may interefere or threaten to interfere with the construction, operation, maintenance, or repair of Plaintiffs' facilities along said right of way.

There is case law in Ohio that says that "adjacent to" is an inadequate description of the property in an appropriations case - the court called it "vague and broad" and "unenforceable as written."  When pressed, First Energy provided a more definite description of the property involved in the tree clearance portion of the easement - if was an additional 80 feet on each side of the 60 feet easement for the transmission corridor. 

Not only is that more land than most would expect, the incredibly broad language leaves the determination of what a danger tree is completely up to First Energy.  If you don't agree, you would have to file a complaint with the Public Utilities Commission of Ohio.

 

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NSTAR Plans to Cut 1000 trees - Leigh Attridge/MA
6/6/2012 1:00:06 PM (5618 views)
Re: NSTAR Plans to Cut 1000 trees - Slade Smith/OH
6/6/2012 8:48:26 PM (3617 views)
Re: NSTAR Plans to Cut 1000 trees - Leigh Attridge/MA
6/7/2012 11:25:45 AM (3380 views)
Re: NSTAR Plans to Cut 1000 trees - Slade Smith/OH
6/7/2012 12:12:09 PM (3391 views)
Re: NSTAR Plans to Cut 1000 trees - Leigh Attridge/MA
6/7/2012 1:15:47 PM (3433 views)

Jersey City, Boonton in dispute over repairing cliff that threatens to damage properties - Scott Perry/PA
6/4/2012 9:20:58 AM (3350 views)

If These Barns Could Talk - Leigh Attridge/MA
6/3/2012 9:04:44 AM (3422 views)

The Mortgage Fraud Fraud - Leigh Attridge/MA
6/2/2012 10:24:11 PM (3793 views)

BBB Warns Consumers about Letters from Senior Advisory Center - Scott Perry/PA
6/2/2012 12:04:27 AM (3600 views)


Real Title Services


New York landowners seek to overturn fracking ban - Scott Perry/PA
6/1/2012 1:27:03 PM (2014 views)

Half of Detroit's Lights May Go Dark as City Shrinks Itself - Scott Perry/PA
6/1/2012 1:04:54 PM (3997 views)
Re: Half of Detroit's Lights May Go Dark as City Shrinks Itself - george Hubka/MI
6/4/2012 1:21:23 PM (3553 views)
Re: Half of Detroit's Lights May Go Dark as City Shrinks Itself - Leigh Attridge/MA
6/4/2012 5:22:02 PM (3586 views)
Re: Half of Detroit's Lights May Go Dark as City Shrinks Itself - Scott Perry/PA
6/4/2012 9:58:44 PM (5847 views)
Re: Half of Detroit's Lights May Go Dark as City Shrinks Itself - Leigh Attridge/MA
6/4/2012 10:41:42 PM (3542 views)
Re: Half of Detroit's Lights May Go Dark as City Shrinks Itself - Scott Perry/PA
6/4/2012 10:47:32 PM (3496 views)
Re: Half of Detroit's Lights May Go Dark as City Shrinks Itself - Leigh Attridge/MA
6/4/2012 11:10:34 PM (3588 views)
Re: Half of Detroit's Lights May Go Dark as City Shrinks Itself - Scott Perry/PA
6/5/2012 6:54:44 AM (3533 views)

How to Make Law School Affordable - Leigh Attridge/MA
6/1/2012 12:08:08 PM (4025 views)
Re: How to Make Law School Affordable - Slade Smith/OH
6/4/2012 12:10:39 AM (3542 views)

Document Software - Venita Peyton/NC
5/31/2012 12:20:19 PM (2650 views)
Re: Document Software - Robert Franco/OH
5/31/2012 1:03:48 PM (3783 views)
Re: Document Software - Jeffrey Land/NJ
6/4/2012 10:55:30 AM (3698 views)

Memorial Day - Jay D/MO
5/25/2012 3:20:18 PM (4865 views)
Re: Memorial Day - Nils Nelson/ME
5/25/2012 4:29:57 PM (3763 views)

What happens when the IRS makes a mistake? - Leigh Attridge/MA
5/24/2012 5:16:02 PM (2801 views)
Re: What happens when the IRS makes a mistake? - James Powell/MI
5/25/2012 8:28:59 AM (3928 views)
Re: What happens when the IRS makes a mistake? - Leigh Attridge/MA
5/25/2012 8:39:30 AM (3882 views)

CSI: Housing Bust - Leigh Attridge/MA
5/24/2012 3:30:26 PM (4254 views)
Re: CSI: Housing Bust - Leigh Attridge/MA
5/24/2012 4:41:43 PM (3914 views)
Re: CSI: Housing Bust - Jessica Talley/FL
5/25/2012 7:23:49 AM (3754 views)

E & O companies you recommend? - Michael Toebe/KS
5/23/2012 10:58:08 PM (2737 views)
Re: E & O companies you recommend? - Robert Franco/OH
5/24/2012 9:55:31 AM (6223 views)
Re: E & O companies you recommend? - Patrick Scott/IL
5/24/2012 12:20:58 PM (6157 views)
Re: E & O companies you recommend? - Leigh Attridge/MA
5/24/2012 3:32:23 PM (4064 views)
Re: E & O companies you recommend? - john rutledge/VA
5/29/2012 8:46:50 AM (3800 views)
Re: E & O companies you recommend? - Suzi Wallace/CA
5/29/2012 1:26:00 AM (5986 views)

Unbelievable - Nils Nelson/ME
5/23/2012 6:03:21 PM (3057 views)
Re: Unbelievable - Constance Foye/VA
5/23/2012 11:25:46 PM (4079 views)
Re: Unbelievable - Scott Perry/PA
5/23/2012 11:28:04 PM (4106 views)
Re: Unbelievable - Nils Nelson/ME
5/23/2012 11:49:02 PM (4113 views)
Re: Unbelievable - CHARLENE  PERRY/MD
5/24/2012 11:30:02 AM (4027 views)
Re: Unbelievable - Joyce Obrien/PA
5/24/2012 11:30:16 AM (4059 views)
Re: Irony - Patrick Scott/IL
5/24/2012 12:06:07 PM (4140 views)
Re: Unbelievable - Slade Smith/OH
5/24/2012 12:19:37 PM (4052 views)
Re: Unbelievable - Leigh Attridge/MA
5/24/2012 5:04:44 PM (3983 views)
Re: Unbelievable - Slade Smith/OH
5/24/2012 6:06:14 PM (3999 views)
My opinion... - Robert Franco/OH
5/25/2012 11:02:29 AM (4225 views)
Re: My opinion... - Rebecca Cowart/MS
5/28/2012 8:39:44 AM (3901 views)
Re: My opinion... - Slade Smith/OH
5/29/2012 9:35:55 AM (3899 views)

Northwest Title - Jason Knowles/AL
5/23/2012 10:19:14 AM (2340 views)


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