Neighbor denying access to power line w/o restrictions

[gsignori]

What is the name of your state (only U.S. law)? NY
I own 4 acres in a rural part of upstate NY (Hector, NY). I am building a small cabin on the land, so I submitted a new construction service request with NY State Electric and Gas (NYSEG). They gave me two options. Option 1 is $0 because the closest power line is within the complimentary 500 feet that NYSEG gives each customer. Option 2 is $27,000 because they have to bring the power lines up 2700 feet. My issue is option 1 requires my neighbor to sell NYSEG the land on which to closet electric pole is located in order to make it a public easement. There are three neighbors total that currently don't have electricity that would like to hook up to this electric pole, but the neighbor with the land is refusing to sell the easment to NYSEG unless all three of us agree to sign a legal document stating we will never build more than a single structure on each of our lands. His goal is to limit development in the neighborhood. I personally would like to build a cabin, a guest cabin and a garage on my four acres, so I disagreed to this requirement. Is my only option to pay NYSEG the $27,000 to bring in electricity from 0.5 a mile away? My two neighbors who were also restricted are now installing solar electric systems but still have hopes of hooking up to the grid but are not willing to split the $27K with me. This is a seasonal residence for me, so solar electric is not ideal. Thanks, Gina

 

[seniorjudge]

What is the name of your state (only U.S. law)? NY
I own 4 acres in a rural part of upstate NY (Hector, NY). I am building a small cabin on the land, so I submitted a new construction service request with NY State Electric and Gas (NYSEG). They gave me two options. Option 1 is $0 because the closest power line is within the complimentary 500 feet that NYSEG gives each customer. Option 2 is $27,000 because they have to bring the power lines up 2700 feet. My issue is option 1 requires my neighbor to sell NYSEG the land on which to closet electric pole is located in order to make it a public easement. There are three neighbors total that currently don't have electricity that would like to hook up to this electric pole, but the neighbor with the land is refusing to sell the easment to NYSEG unless all three of us agree to sign a legal document stating we will never build more than a single structure on each of our lands. His goal is to limit development in the neighborhood. I personally would like to build a cabin, a guest cabin and a garage on my four acres, so I disagreed to this requirement. Is my only option to pay NYSEG the $27,000 to bring in electricity from 0.5 a mile away? My two neighbors who were also restricted are now installing solar electric systems but still have hopes of hooking up to the grid but are not willing to split the $27K with me. This is a seasonal residence for me, so solar electric is not ideal. Thanks, Gina

Is my only option to pay NYSEG the $27,000 to bring in electricity from 0.5 a mile away?

Based solely on your post, yes.

 

[jdman]

I am only answering this because I know where Hector is. That is in Schuyler County right? Anyways:

It sounds like you are confusing a transfer of ownership with an easement. They are 2 different things. An easement is also called a Right-Of-Way. You can search the law topics Freeadvice.com – All Legal Topics or search this forum and learn more. I think you are also misunderstanding why he doesn't want to sign NYSEG's easement proposal. It probably states that they have the right to construct buildings or sheds and 'other' facilities. I think all he wants to see are the poles--nothing else. I do not blame him. As far as only wanting his neighbors to have one building, he probably bought his property for the view and wants to keep it that way. Since it is only seasonal, you could get a really nice generator for less than a third of $27K. That is an option, and you could go part solar too.

 

[gsignori]

Yes, Hector is in Schuyler county.

Thanks for your reply. The term "easement" is one the NY State Gas and Electric Co. is using to describe what the land will become once they purchase it from my neighbor. The tiny bit of land that encompasses the the electric pole is directly next to the road, so development of it would be unlikely. Can a seller put restrictions of the sale of land to a utiility co to prevent them from using the land for another purpose aside from soley accessing to the electric pole?

 

[FarmerJ]

I sort of think once you begin to run a generator the nieghbor will probably be able to hear it and that will increase the odds of them being more willing to permit the utility do tap onto the line so you can be connected. Short of that your options are the same as your other nieghbors , solar panels, wind mill, generator.

 

[jdman]

It could be what they want him to sign means they can put more that poles and wires. They also want you to sign an easement too? I would have a lawyer look at this easement. They may be trying to get all of you to sign something more than a public easement for electricity. If you want, you can IM or email me on Yahoo. My ID is souledoutguitar. I can give you a name and number of a lawyer who may give you a free consult on this matter. This lawyer does handle things pertaining to gas companies, I am not sure about handling this, but it never hurts to ask.

BTW FarmerJ, you can buy noisy or quiet generators. You can also make noisy ones quiet