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Going rate for easement?


ThirdGenRed

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Just wondering pros and cons of letting a power company run a underground line from a windfarm thru one of our farm fields. They are supposed to pay per foot yearly "rent" for the easement, anyone know the going rate?  There would be no wind generators on our ground, just undergound power lines.

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They also probably pencil in  the right to access their rental area using what ever equipment they desire anytime they want for any reason! I can see it now, D8 Cat based trencher making a big mess out of a ready to harvest grain field. 

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15 minutes ago, exSW said:

Tell em to pack it where the sun don’t shine. It’s a permanent devaluation of your property and they never live up to their promises.

x2

You might as well just sell them the portion that they want an easement for. I work with these types of easements a lot as a land surveyor and every time I read one all I get out of it is that the utility company has every right to do what ever they want at any time they want with what ever machinery they want within the corridor. Unless you are being threatened with the prospect of Eminent Domain I'd show them the door. Keep in mind that their right of way agents are nothing more than door to door salesmen making whatever promises it takes to get your signature.

Jesse

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2 minutes ago, Jesse in WI said:

x2

You might as well just sell them the portion that they want an easement for. I work with these types of easements a lot as a land surveyor and every time I read one all I get out of it is that the utility company has every right to do what ever they want at any time they want with what ever machinery they want within the corridor. Unless you are being threatened with the prospect of Eminent Domain I'd show them the door. Keep in mind that their right of way agents are nothing more than door to door salesmen making whatever promises it takes to get your signature.

Jesse

x3.  When I first read this I was thinking conversation or preservation easement.  If they want it my main concern would be eminent domain.

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Seems as though everyone has given you the cons, and no pros. That in itself should be an answer for you.

Our town decided to sue a farm in town, because the farm cut trees in their “rite of way” Mind you, the farmer owned the land, and also those trees that grew on that land but the town seemed to think otherwise.

Well, the town lost their lawsuit but have decided to pull a fast one and instead of coming up with a negotiated settlement as they agreed to thought they could change the terms of the deal while sitting at the signing table. These farmers read the contract, told the town this wasn’t the deal and walked out, now the town has doubled down and are preparing for a new lawsuit...

BE CAREFUL what you sign, some people think a rite of way means they own the property and everything on it! 
 

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2 hours ago, Jesse in WI said:

Keep in mind that their right of way agents are nothing more than door to door salesmen making whatever promises it takes to get your signature.

And wind turbine are the worst, lyinest SOB's there is. We are in an ongoing battle (that we are winning so far) to keep them out of God's own cattle country. 

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Sixty years ago, my father charged consumers power  a thousand dollars a pole to install a main line .  Came to four thousand dollars, just what he paid for the 80 acres it crossed.  given the nuisance of farming around them every year, he didn't charge enough!   cab

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16 hours ago, Jesse in WI said:

x2

You might as well just sell them the portion that they want an easement for. I work with these types of easements a lot as a land surveyor and every time I read one all I get out of it is that the utility company has every right to do what ever they want at any time they want with what ever machinery they want within the corridor. Unless you are being threatened with the prospect of Eminent Domain I'd show them the door. Keep in mind that their right of way agents are nothing more than door to door salesmen making whatever promises it takes to get your signature.

Jesse

Jesse pretty well hits the nail on the head.

While in reality------there are all sorts of easements and all sorts of people acquiring the easements.

Typically the landowner and the party acquiring the ROW thinks primarily about the specific acreage involved in the contract.  Worth noting the value of the acreage being "taken" can't be valued more than it's fee simple value-----but should include any loss of value to additional acreage outside of the specific right of way.  (drainage, access, etc.....)

All states laws vary slightly from state to state.  Be best to consult with an attorney and possibly an appraiser for some professional advice.  In both instances-------make sure both are familiar with Eminent Domain and have prior right of way experience.

I have worked on both sides of the fence as an appraiser and broker.  Generally speaking from a landowners viewpoint-----I would prefer that they take an alternative route.  Whether paid yearly or as a fee simple purchase-------in most cases the easement will be perpetual.  Perpetuity is a long time???

Good luck---

 

DD

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Thanks for the responses guys, kinda what my gut feeling was too.

On 8/7/2020 at 10:27 AM, acem said:

I had numerous pipelines across my property. The rates vary depending upon location, width, etc. You need local information. Consult an attorney. Thx-Ace 

Ace, have you experienced damage to your fields without financial compensation from them servicing the pipelines?

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The pipeline companies are pretty good to get along with after they finish construction. They are digging up a spot on me again this year to inspect a weld in the ozark transmission line. They pay for their damages. The local electric companies aren't so good about it though...

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