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US Agency to Sell off Loans to Stem Foreclosures - Leigh Attridge/MA
6/13/2012 5:48:46 PM (3265 views)

Spotted owl could be game-changer in Tombstone water war - Scott Perry/PA
6/12/2012 9:30:38 AM (3213 views)

[+] North Dakota Considers Eliminating Property Tax - Scott Perry/PA (5 replies)
6/12/2012 9:26:33 AM (3737 views)

[+] Lawyers Advantage - doesn't pay - Serena Stout/VA (3 replies)
6/11/2012 10:58:38 AM (2248 views)

[+] Alabama Adopts Due Process for Property Rights Act - Scott Perry/PA (6 replies)
6/8/2012 11:26:59 AM (3788 views)


Real Title Services


[+] Thieves of Light Built by Barbarians - Leigh Attridge/MA (5 replies)
6/8/2012 8:59:36 AM (3810 views)

[+] Broker yield spread premiums, re-labled - CHARLENE  PERRY/MD (3 replies)
6/7/2012 4:08:07 PM (2088 views)

Fidelity National and kickbacks - CHARLENE  PERRY/MD
6/7/2012 1:41:02 PM (1997 views)

[+] Life Estate - F P/VA (4 replies)
6/7/2012 10:17:34 AM (2296 views)

Marion Sandler, Home Lender Who Made Billions, Dies at 81 - Scott Perry/PA
6/7/2012 9:32:22 AM (3252 views)

[+] Assessor's Office in the Basement - Jay D/MO (4 replies)
6/5/2012 7:58:57 PM (2227 views)

[+] Middlesex North Registry of Deeds computer malfunctioning - Leigh Attridge/MA (7 replies)
6/5/2012 3:16:16 PM (2277 views)

EPA defends aerial surveillance - Scott Perry/PA
6/5/2012 7:45:54 AM (3119 views)

[+] New Value for Land in Rural Ohio - Leigh Attridge/MA (5 replies)
6/5/2012 7:30:23 AM (3546 views)

[-] Comment on ""You Didn't Really Want That Tree, Did You?"" - Source of Title/OH (8 replies)
6/4/2012 5:20:40 PM (1953 views)
A broad swathe - Leigh Attridge/MA
6/4/2012 5:20:40 PM (2564 views)
Re: Comment on ""You Didn't Really Want That Tree, Did You?"" - Scott Perry/PA
6/4/2012 10:09:29 PM (2545 views)
The broad language is offensive... - Robert Franco/OH
6/5/2012 9:25:08 AM (2489 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 (4551 views)
Re: NSTAR Plans to Cut 1000 trees - Slade Smith/OH
6/6/2012 8:48:26 PM (2666 views)
Re: NSTAR Plans to Cut 1000 trees - Leigh Attridge/MA
6/7/2012 11:25:45 AM (2506 views)
Re: NSTAR Plans to Cut 1000 trees - Slade Smith/OH
6/7/2012 12:12:09 PM (2500 views)
Re: NSTAR Plans to Cut 1000 trees - Leigh Attridge/MA
6/7/2012 1:15:47 PM (2569 views)


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