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Reply #156: Two points.... [View All]

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Swede Atlanta Donating Member (906 posts) Send PM | Profile | Ignore Tue Oct-25-11 11:36 AM
Response to Reply #14
156. Two points....
Were they exercising their rights under an easement on the property? If so, look at the language of the easement. There is usually language that gives the utility the right to trim/remove trees and other obstructions that come within a certain distance to their power lines.

Power companies do not have eminent domain. They get this in their heads that they do. Only governments have eminent domain but they often delegate that domain to private parties in the furtherance of a "public good". But you are still entitled to just compensation for the taking and the exercise, if limited, is usually subject to a reasonableness and necessary test. This clearly wasn't reasonable.
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