Guns Drawn Over Trespassing Land Dispute Concerning Power Line Right of Way
This is normalizing what is coming, as numerous “right of way” disputes are looming in numerous states as energy companies attempt to impose new “high-tension power lines” with eminent domain claims of right-of-way.
Isn’t that criminal trespass with a firearm and criminal menacing with a firearm? Both of these are felonies.
As a retired Land surveyor. If there is an e existing R/O/W or easement it will be on you deed, and if there is one subdivision map. When you close on your loan you are agreeing to the easement. You can not build on this easement, if there are bushes or trees on the easement that are interfere with the utilities or irrigation, you have already agreed to this easement. The utilities company have a right to do what they need to reasonably. At this point there should have been a summons to court if the property owner is not letting them access these. It’s a civil problem, not a shooting problem.
Assuming the home owner is correct that his property is not encumbered by the easement he does not need to grant them access to his property. If such access is required the utility would need to go through a legal process that proves some massive public good being served by the intrusion, or to obtain a legal encumbrance as a form of imminent domain. The utility can, from outside the property, cut off any overhanging branches, shrubs, etc. but that is all. Without the easement they have no more right to enter the property than anyone else and would have no right to cut down trees inside the property even if it was encroaching on a utility.
