Central Maine Power Co. Easement

[Rick Stanley]

Hi All,

Just wanted to throw this out there if by chance another Mainer may have had this experience...........

We have been approached by CMP about us selling them a 50' wide x 2500' long access easement across our woodlot to their power lines that run along the northern border of our property. They have offered us $2 per lineal foot equaling $5000.
Has anybody on here sold an easement to CMP?

THANKS!!

 

[peakbagger]

I am not a lawyer and dont play one on TV. I havent sold one to CMP but for what its worth

Long ago I was involved with easements on occasion with a public utility. The land agents for the utility are generally going to buy the easement for the lowest cost possible, some of them are contractors and get commissions to buy low. Frequently they hire a low key local person to make contact so you think its a friendly transaction. Usually if you elect not to go with the offer and they need the property, they will usually up the price (or find an alternative location), ultimately they do have some limited eminent domain rights to take the land (but its not as broad as some think), but generally when the value of the land is ultimately decided, they will end up paying at least as much as what they offered previously. If in doubt hire a lawyer to represent you and tack on his charges to whatever ultimate sale price. Guaranteed they have several lawyers on their side so you need to make sure you are properly represented. Realistically they call it an easement but with it cleared, they have effectively bought the land without paying taxes on it and you cant do much except grow blueberrys or possibly a garden. If you look at it as "selling" 2.86 acres, is $5,000 worth it?

If its a utility, the odds are, they will be clearing it, you may want to counter that all wood will be cut to a certain length and delivered to a central location, rather than letting it go with the contractor. You also want to make sure that you have full right to access and that the access points will be gated as otherwise you now have an ATV track on your property. Depending upon your opinion on pesticides, some folks would put in a clause that they can not use pesticide to keep the right of way clear.

It does sound cheap for an easement. It would be worth some research to see if they are buying land from the adjacent landowner for a much larger right of way. There is currently a proposed high voltage transmission underground cable proposed somewhere in southern ME, I expect that if you are in that right of way, they will pay more as that might be merchant project and therefore they would have a tougher time forcing you to sell. Ultimately they figure if they can get most of the land for cheap along a right of way, they will spend a lot more for the hold outs.

Reportedly PSNH in NH is paying big bucks in Northern NH for right of ways for their proposed transmission line as they are trying to get around having to use eminent domain as its questionable if they can get it as there is no public benefit.

 

[jimbom]

I don't live in Maine. The big utilities in Missouri have started clearing the right of way with helicopters. They suspend a huge cutter and fly down the right of way boundary. It shatters the trees and limbs and looks like heck. They tried herbicides. The denuded hills often erode. In general, the utilities can be the worst neighbors imaginable. But, you have to balance that with the public good of a robust infrastructure supporting economic development in the country.

The ideal situation might be to have an easement that proscribes clearing methods, specifies no chemicals, requires erosion control and prohibits any future construction of any sort on the easement. The easement should be void on any bankruptcy. They get their easement and you get to protect the health and tranquility of your property.

Our city has some cross country easements that are decades old. We could do about anything we want, but the marching orders are to treat that easement like it was in your own back yard. We hand trim, use no chemicals, notify the land owners of any activity planned, call on new owners and give them contact information, etc. We want good will should an easement be required at some other location years or decades from now. Just as we were able to get easements for a sewer trunk line to a new sewage treatment plant some miles out of town and easements for a natural gas pipeline into town in the last few decades. Landowners know our reputation is to treat them right.

It seems like common sense to treat landowners with respect, but the big utility incentive's for management don't value good will.

 

[maverick06]

wow... trimming by helicopter... i never would have believed it if i didnt see it... thanks youtube...

http://www.youtube.com/watch?v=oceC9DzDLlE

 

[Panhandler]

wow... trimming by helicopter... i never would have believed it if i didnt see it... thanks youtube...

http://www.youtube.com/watch?v=oceC9DzDLlE

I saw it a few years ago locally, pretty impressive.