Landowners have basic protections under state and federal laws that regulate the acquisition of real estate for public use to build transmission lines and substations.
After company representatives have obtained the necessary approvals from state and local governments, they will begin to acquire easements for locating and constructing the new line. They will follow the standard sequence of practices described below.
Abstract of title
The utility right-of-way representative will complete a search of the public records of all lands involved in the project. A title report will be developed to include the legal description of the property, the owner(s) of record of the property, and information regarding easements, liens, restrictions, encumbrances, and other conditions of record.Survey permission
A right-of-way representative will contact each property owner or his or her representative to inform them of the project. The right-of-way representative will describe the need for the transmission line and how it may affect the property. The utility's survey crews then will enter the property to complete preliminary survey work.Survey staking
After the power line design is completed, a survey crew will stake the line. This means that the survey crew will determine the location for each structure and mark the places with surveyor's stakes. Then the right-of-way representative can show the landowners exactly where the structure(s) will be located on their property.Document preparation
The utility will prepare all of the documents required to complete each transaction. Some of the documents that may be required include survey permission easement, purchase agreement, or deeds.Acquisition process
The utility's representative will view each property on which easement rights are to be acquired to determine the appropriate amount of compensation for the rights. In the event that a complicated appraisal problem exists, or if statutory requirements in the local jurisdiction dictate, the utility's representative will complete an appraisal to determine the value of the rights. The utility will make an offer to the owner to obtain the property rights.Negotiations
The utility right-of-way representative will begin the negotiating process by presenting the required legal document(s) to the property owner. The representative also will provide maps of the line route or site, maps showing the landowner's parcel, and an offer of compensation for the easement or purchase. The landowner will be allowed a reasonable amount of time to consider the offer and to present material to the utility that the owner believes is relevant to deciding the value of the property.Negotiated settlement
In nearly all cases, the utility's representatives are able to work with the landowners to address their concerns and to arrive at negotiated settlements that are fair and acceptable to all parties. In some cases, however, negotiated settlements are not possible, and the landowners may choose to have independent third parties determine the value for the rights. This is accomplished through the exercise of the utility's right of eminent domain. The process of exercising the right of eminent domain is called condemnation.Acquisition by eminent domain (condemnation)
In any project that requires easements for power plants or power line construction, the goal is to offer fair and equitable compensation to landowners. The utility will initiate condemnation proceedings only when reasonable efforts to negotiate an agreement have failed.The construction process
Once the easement or land rights have been acquired and immediately prior to construction, the utility's right-of-way representative will contact the property owner and discuss the construction schedule.During construction the following may be required:
- Temporary removal or relocation of certain fences
- Installation of temporary gates (or permanent gates at landowner's request)
- Early harvest of crops where possible
- Removal or relocation of equipment and livestock from the right of way
Restoration and cleanup
The right-of-way representative will contact each property owner after construction is completed to see if any damage has occurred as a result of the utility's project. If damage has occurred to crops, fences, or the property, the utility will reimburse the landowner fairly for the damages. In some cases the utility may engage an outside contractor to restore the damaged property as near as possible to its original condition.Typical transmission right-of-way needs
- Typical structure height: 60-95 feet
- Typical right-of-way width: 100-160 feet
- Typical span length: 400-1000 feet
For more information read frequently asked questions (FAQs) about transmission line rights of way and easements.
