Me vs Duke Energy....what are my property rights?

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  • 1775usmarine

    Sleeper
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    81   0   0
    Feb 15, 2013
    11,264
    113
    IN
    A tree fell on the pipeline ROW next to our home. The company called and said they would be coming through. I asked for the wood when they cut it up. They said NP. Saves them some money having to transport and we get firewood.

    We also have a maple that might have to go. Agian they said we could get the wood and they would grind the stump and replant grass. Hopefully we can keep the maple as the wife wants to tap it next year.
     

    Dr.Midnight

    Master
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    13   0   0
    Jul 24, 2011
    4,414
    113
    Monroe County
    Here's how it would go down in my world. If I thought to myself, "Boy, I would love this tree gone.", then along comes Duke offering to remove it for me, here's what would happen. They would bring three of their heaviest trucks to my property after three days of rain and proceed to cut ruts from hell in my yard. While they were at it, they would make sure their trucks were all trash free, and as an added bonus, my ground would be decorated with cigarette butts kind of like sprinkles on ice cream.

    I despise, Duke, Smithville Telephone, the gas company, the list goes on and on.
     

    jagee

    Grandmaster
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    24   0   0
    Jan 19, 2013
    44,415
    113
    New Palestine
    INGO meet and greet


    DmICVdKkGyITZXTvSCuVLGDwITWNIqkBlZ_q259qrPyYKrQsikLxhFNGhogun4OoBIH_uKSqr5xIxuni8__potd_3uY01YzgsLWQ9rwEBbAFEgc
     

    Htrailblazer

    Sharpshooter
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    7   0   0
    Aug 13, 2010
    433
    28
    Franklin
    My guess is that all the electric companies got a big grant from the government to take down Ash trees because of the emarld ash borer. The tree companies have been hounding everyone near a utility line for weeks now in my area. Here they are only cutting them down wood disposal and stump removal/grinding is on the homeowner. They have never been this aggressive wanting to take down big trees. Its always a contractor too and not the actual utility company.
     

    KittySlayer

    Grandmaster
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    4   0   0
    Jan 29, 2013
    6,473
    77
    Northeast IN
    If the person left a contact number, set up a time and have them come back out for a conversation.

    Probably a good idea because if you just say No or ignore them they will be back. Ask for their arborist to meet you rather than Billy Bob that runs the chain saw.

    Also regularly check your tree trunk for paint. They typically mark them a few days before the boys with chain saws show up. And of course get plenty of pictures for documentation with someone standing next to the tree for perspective on size.
     

    rmw250

    Marksman
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    7   0   0
    Oct 28, 2014
    260
    18
    Kokomo
    I used to work for the utility company and if the tree is within a certain proximity of the their lines or the right-of-way they have every right by law to trim or remove the tree regardless of what was there first. Usually a permission slip is used to access the property to reach their utilities to preform work. You can deny this but you cannot deny them access to their property and if your land is the only access point they will get a court order. If this is the case DO NOT let them just trim the tree, make them remove it because the contractors do a crappy job on trims and you will be stuck with an eye sore in your yard.
     

    PGRChaplain

    Master
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    7   0   0
    Jan 13, 2011
    3,765
    83
    Waynedale (FT Wayne)
    I&M is trimming trees in Fort Wayne and Allen County right now. I talked to their arborist several months ago when he came around to Mark the trees they were taking down. I asked if I could some way keep some of the ones that he marked. He replied no, their in the utility easement. My neighbor has a tree he really wanted them to cut down, they wouldn't because it's not in the utility easement.
     

    actaeon277

    Grandmaster
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    4   0   0
    Nov 20, 2011
    92,864
    113
    Merrillville
    I could be wrong.
    But..
    They can trim.
    But coming back every couple years costs them a lot of money.
    So, they make offers to take the tree out.
    That they can't do without permission.
    Trim yes.
    Remove no.

    But, with your permission, they spend a little more up front, but in the long run save.


    My 2 cents.
     

    KokomoDave

    Enigma Suspect
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    75   0   0
    Oct 20, 2008
    4,500
    149
    Kokomo
    The poopy heads that showed up to our house did a horrible job. They are from Alabama. They need to go back. Fargin corksuckers.
     

    GodFearinGunTotin

    Super Moderator
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    1   0   0
    Mar 22, 2011
    50,586
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    Mitchell
    I&M is trimming trees in Fort Wayne and Allen County right now. I talked to their arborist several months ago when he came around to Mark the trees they were taking down. I asked if I could some way keep some of the ones that he marked. He replied no, their in the utility easement. My neighbor has a tree he really wanted them to cut down, they wouldn't because it's not in the utility easement.

    I may have told this story but... I have a fairly long driveway where the REMC OH lines run. A few years ago, they were clearing ROW and were starting down my drive. I had this old, dead ash tree right on the property line. It had HUGE branches coming off the trunk, some of which I was afraid would eventually fall off and crush my metal carport. I worked out a deal with the tree guys. I told them if they’d simply drop those branches (on the ground, not on my building), I’d dispose of all the limbs they were removing along the ROW along my drive. I’m not sure who got the best of that deal because my ROW was really, really cleared after they agreed to it. :D
     

    Tactically Fat

    Grandmaster
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    22   0   0
    Oct 8, 2014
    8,270
    113
    Indiana
    Huge Sycamore trees are almost literally a problem waiting to happen. It's soft wood when it's in good shape. And the larger/older a Sycamore is - the higher the liklihood that it's hollowing out / rotting away from the inside. Such is the way with Sycamore trees (And maple varieties, too)

    So - if that Sycamore could impact the lines - it honestly may very well behoove all parties to look at the situation academically. An ounce of prevention vs. a pound of cure and all that.
     

    Hkindiana

    Master
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    8   0   0
    Sep 19, 2010
    3,175
    149
    Southern Hills
    They cut down my Ash tree (it was HUGE) even though it was PERFECTLY HEALTHY. They said that it would EVENTUALLY get ash borers in it, and ALL ash trees have to come down, so they cut it down WITHOUT ASKING OR NOTICE. They left a MESS too, simply cutting it into a few large pieces once they felled it into my yard.
     

    DFacres

    Marksman
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    0   0   0
    Sep 14, 2015
    146
    28
    This sphere
    Local REMC asks here as well. Last year they came through and after asking I marked the dead ash trees all within power line range and they cut them down. Since the county road is forested we still have interruptions form live trees and branches, I guess they figure if they don't trim your trees you'll just have to live with the interruptions. We have a generator, so it's not a big deal.

    You may have a generator, but it's the most expensive electricity that you pay for.
     

    two70

    Master
    Rating - 100%
    19   0   0
    Feb 5, 2016
    3,725
    113
    Johnson
    Huge Sycamore trees are almost literally a problem waiting to happen. It's soft wood when it's in good shape. And the larger/older a Sycamore is - the higher the liklihood that it's hollowing out / rotting away from the inside. Such is the way with Sycamore trees (And maple varieties, too)

    So - if that Sycamore could impact the lines - it honestly may very well behoove all parties to look at the situation academically. An ounce of prevention vs. a pound of cure and all that.

    This! And if the above are not enough reasons to want to get rid of the tree, then the really nasty pollen they produce should be. IMO, when someone offers to remove a sycamore on your property free of charge the proper response involves as least one manly hug and a free six pack. If they agree to treat the stump with a strong herbicide as well, then a sloppy kiss or two is probably warranted. :):
     

    IndyBeerman

    Was a real life Beerman.....
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    5   0   0
    Jun 2, 2008
    7,700
    113
    Plainfield
    They cut down my Ash tree (it was HUGE) even though it was PERFECTLY HEALTHY. They said that it would EVENTUALLY get ash borers in it, and ALL ash trees have to come down, so they cut it down WITHOUT ASKING OR NOTICE. They left a MESS too, simply cutting it into a few large pieces once they felled it into my yard.

    Do you live in a area that has been infected with the Emerald Ash Borer?

    Over the last couple pf years Duke has been on a really active preventative maintenance cycle in my subdivision. Last spring they hit the tree line in my easement along my back property line. I got a knock on the door asking for written permission to take down 1 tree and a trunk of another that had "y"'d about 4 foot up. First think I asked was how much debris is going to be left. He replied "none" Duke is requiring us to remove and chip shread all branches under 6 inches and no debris is to be left except large trunks and they will be cut into 16-18 inch lengths and stacked. Ended up having have extra tree taken down, a 2 foot diameter Chinese Elm that had what looked like a woodpecker had bored into it about 15 feet up that I never noticed, and somehow rotted and was hollowed down to the 1 foot mark with a exit hole about 4 inches round. Never seen anything like it.

    But when they left, the easement was pristine except lone rut about 10 foot long 4 inches deep, they came back the nest week, filled it level and seeded.


    If I would have been you, I would have lit up their call center daily until the mess was cleaned up, they created it, they're responsible for it. I'd send them a bill for your time.

    Straight off of Duke Energy's page:

    "The majority of our pruning and cutting occurs during planned maintenance. In maintained or landscape settings, our policy is to dispose of any small limbs and brush. The larger pieces of wood are cut, but not necessarily in firewood lengths. In non-landscaped sites, pruned vegetation and wood are left in place to biodegrade.



    When an “act of God” (such as lightning, ice storms, high winds, hurricanes, tornadoes) or other natural events cause trees or other vegetation to fall across power lines and damage facilities, we cut the trees and brush so poles and lines can be replaced and re-energized. Disposal of any wood, limbs or debris resulting from this type of emergency operation is the responsibility of the property owner."

    https://www.duke-energy.com/community/trees-and-rights-of-way/faq
     

    Geoman

    Plinker
    Rating - 0%
    0   0   0
    Jan 28, 2014
    58
    6
    So. IN
    I had a huge dead ash tree that stood at an angle and was clearly going to eventually smash their pole and line on my property. I called and tried to get them to cut it down and they wouldn't. They said it was my problem.
     
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