Understanding Utility Easements: Do Electric Companies Need to Pay for Airspace Over Private Property?
When utility companies, such as electric companies, need to install and maintain power lines, they often do so over private property. A key question often arises: do these companies need to pay for the airspace over private homes and properties?
Easements and Legal Rights
Utility companies generally do not have to pay for airspace over private property if they have the legal right to run power lines overhead. This right is usually granted through easements, which are legal agreements that allow utility companies to use a portion of private property for their infrastructure.
Easement Acquistion
Most utility companies acquire easements through negotiation or, in some cases, through eminent domain. Eminent domain is a legal process that allows the government to take private property for public use, often with the provision of fair compensation to the property owner.
Compensation for Easements
Property owners typically receive compensation for easements, but this is usually for the use of the land and any potential impact on property value. The compensation amount can vary based on factors such as the extent of the easement and the impact on the property. Note that this compensation is not specifically for the airspace itself.
Local Laws and Regulations
The specifics of utility easements and property rights can vary by jurisdiction. Therefore, it is essential to consult local laws and regulations to understand the situation in your area.
Negotiation with Utility Companies
Property owners can sometimes negotiate terms with utility companies, especially if the installation of power lines significantly affects their property. However, it is crucial to understand that the easement rights are usually well-established and protected by laws.
It's recommended to consult a lawyer who specializes in property or utility law if you have specific concerns or a unique situation regarding utility easements.
Common Misconceptions
There is a common misconception that electrical wires never go over homes, which is not entirely accurate. When electricity is first installed to a property, a right of way for utilities is granted to the electric company. This right of way is typically 8 to 10 feet wide and is the length of the circuit covered by 12kV on wood poles. Highlines also come with right of ways, and sometimes the property under high lines is leased to people like nurseries for plant growth.
Enforceability of Compensation Claims
The situation you described, where a property owner believes an electric company should pay for airspace over their property, is unlikely to be supported by the law. In most countries, such challenges would not be upheld, as the legal right to install power lines over private property is well-established. If a property owner built structures in the space where the electric company has an easement, the right to do so was likely already paid for, and any additional demands for compensation would not be reasonable.
Conclusion
Utility companies do not need to pay for airspace over private property unless they have no legal right to do so or if new, unforeseen conditions arise. Property owners should be aware of their legal rights and responsibilities when it comes to utility easements. If you have concerns, the best approach is to consult a lawyer with expertise in property or utility law.