Reply
Honored Advisor
Posts: 11,091
Registered: ‎05-13-2010
0

Re: soybean field/transmission lines down

Don't know what it will cost you to flyover, or if that actually does any good in a way, as you haven't got technical ability to factor acreage directly from an unscaled photograph, I am guessing.  You can estimate, but their photo will allow you to do that, and they will probably have a scaled - and thus calculable - image.  I'd check the date on any phots you use, to be sure it shows all the damage. 

I would not submit a final estimate, since the work on the line is incomplete, and more damage can and probably will occur.    If you do submit anything at this point, I'd get an attorney to advise as to how to leave the door open for any further damages found or created after this estimate's date. 

People are not so much avoiding you, as they are probably trying to wind up a very expensive damage situation.  As I think I may have indicated before, the whole 200 acres of beans is change to them, if they are truly losing a million bucks a day in transmission capability...don't know exacfly what that means, unless that power is being wheeled elsewhere, and they are losing the fees for carrying it. 

Most of the time, there are some "act of God" types of provisions in any contract.  Your granted right-of-way is theirs to use as they see fit, but the shortcuts they've taken since to get across are not.  Have they been allowing you to use the ROW for crop all along, even though that is their ROW?  They may see that as a fair tradeoff over time, and they may be right, if so. 

Crop damages in areas where things like this line  and your adjacent pipeline cross fields ought to have been spelled out in the original contract.  Have that in hand and get some legal advice. 

I'd ask them for a metal cleanup, immediately following restoration of power across the line, and a meeting to discuss the crop damages after that, too.  It's not like you are ready to harvest the field this month, is it?  Get some counsel!

 

Never agree to anything on the first meeting and at first offer, without counsel to clarify for you what your rights are and are not.  I have been dealing with a mining company on one farm since 1996, and I never let anyone rush me into a decision, until counsel has reviewed any offers...and I know the contract better than the mining company's management does by now, since their management team has changed five or six times in the duration of this situation.     

 No one can make you sign or accept anything, and if anyone pressures you, they are trying to put one over on you.  I just take the information - such as their aerials and assurances - and any offer they make, and say I will think it over.  Any reasonable person expects you to take time to look over a proffered solution, adn to get legal advice. 

You or a previous owner received a payment for this ROW, and gave up some rights, expected to deal with some inconvenience in the process of hosting a big transmission line.  That chicken has come home to roost...they always do.  This is the downside of such arrangements.  If you are lucky, they only come once in a lifetime.  I've been dealing with the one my father created for me in the form of that mining lease for 14 years, and there is no real end in sight yet.