Utility Right-of-Way

[Xphilos]

What is the name of your state? South Carolina

The city electric company wants me to sign a deed for a right-of-way so they can put in an underground cable. I already have electricity from the local co-op so I don't really see the great benefit to me ... plus I'm trying to sell the house and I don't want the mess from digging and such ... I think I'd like to just say, thanks but no thanks.

If I refuse to sign the deed, does the city have some unpleasant, legal way to force the right-of-way on me?

Thanks for your help.

 

[krispenstpeter]

Yes, it's called eminent domain.

 

[Xphilos]

erg ... it sounds both unpleasant and legal ...

let me ask this, if you were in the same situation would you try to get some kind of compensation from the city in return for signing the deed?

 

[krispenstpeter]

Xphilos I will try to stop laughing.

If I were in your shoes....I am in your shoes, and with 15 properties going through various stages of domain/partition actions including one city block going through sales negotiations.

Simply put, eminent domain is the process whereby the entity (in this case your city) sues for the right to 'use' your land for the greater good. This does not mean that you are forced to sell the land but it does mean that you will grant the city access (it's called an easement) to use the land for a specific purpose.

Although the case is usually divided into two parts, it's not required to be. The first part is deciding that the city (or state or U.S. Government etc.) has the right to use 'take' the land and therby granting them that right, and the other part is the monitary compensation due you for the loss of complete use of the taken land.

This is a normal occurrance and not that bothersome if you have an attorney handle it for you.

Simply put, do not worry about it but do take the easment deed to an attorney for review. This attorney will also help you to either negotiate a fair settlement for the land or represent you in court regarding the compensation amount.

 

[Xphilos]

much appreciated : )

 

[Meursault]

And did you get this resolved?

 

[HomeGuru]

Yeah, let's hear the shocking truth.

 

[Meursault]

Hell, after yesterday on this forum I'd settle for a creative lie