Old undocumented powerline easement

[ruffster]

What is the name of your state? Colorado

I recently bought 3 acres of mountain property. My plan is to someday build a cabin on it. It has an overhead power-line that bisects most of the property (nearly center of the property and not within the current 10 foot boundary easements/setbacks). It has been there since approximately 1948 (guessing by date tags and the aged poles). It is no longer used, and has not for sometime (guess of 20+ years). It served an old mining operation (nothing but a concrete foundation left) and later a radio repeater station (just a weathered shack, open door, and parts/pieces of 1970's equipment lying around). Both locations are about 2 miles up the mountain. After the power-line leaves my property it continues on National Forest property. It is not active (disconnected at both ends). The beginning of the power-line is across the road from my property. In other words, it only crosses the county road, my property, then National Forest. The property has been professionally surveyed in 2002 and the "UNKNOWN EASEMENT" noted. I have checked with the County building department and assessors office and found no documented power-line easement. It is not on the original subdivision plat (year 1963).

My question is simple: can I remove the poles and overhead line from my property?

 

[FarmerJ]

Assuming some day you will want power to that property first why dont you contact the electric utility and learn what you can about de energized lines that have been inactive for many years , and how it relates to pole replacements and what the criteria is for them to cease replacing poles ? you might be surprised to learn they will work with you to relocate lines but do realize they may want to re energize the lines at a later date. If they refuse to tell you any thing then try your states public utility commision to learn if they have addressed this type of situation with a law.

 

[lizjimbo]

You may have to pay to relocate lines

Most often old power line easements are pretty vague. The best source for locating an old easement, I am sorry to tell you, is where are the lines constructed. The constructed lines is usually the center of the easement, although that isn't necessarily true for the large transmission lines. It will be cheaper to work with the utility and it may be the only way to relocate the easement. The easement preceded the subdivision plat so you can bet that the original owner of the tract granted/sold the easement to the utility company.

 

[seniorjudge]

Q: My question is simple: can I remove the poles and overhead line from my property?

A: I doubt that they will let you touch them. The public utility commission would have their hides for breakfast and their guts for lunch. Ask the company if they will remove them.