Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 57 - ELECTRIC SERVICE › Subchapter I - DISCLOSURE OF EMINENT DOMAIN POWER OF ELECTRIC UTILITIES › Section 57.91 - Disclosure of eminent domain power of electric utilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A public utility may not, by its
					 officers, employes, attorneys or agents, communicate in any manner, for the
					 purpose of negotiating for the acquisition of a transmission line right-of-way,
					 with a property owner or with a property owner's representative, until at least
					 15 days after receipt by the property owner or the property owner's
					 representative of the notice required in this section. Communication with a
					 property owner or with a property owner's representative for the purpose of
					 locating the owner of record or for the purpose of securing permission to
					 survey the owner's land is not prohibited and need not be preceded by this
					 notice.
(b) A public utility shall
					 cause the following notice, with the appropriate information inserted where
					 blanks appear, to be sent by registered or certified mail, return receipt
					 requested or to be delivered in person to each property owner or property
					 owner's representative with whom the utility anticipates negotiating for the
					 purchase of transmission line rights-of-way; the notice shall be legibly
					 printed or typewritten on paper 8 1/2 inches wide and 11 inches long:
NOTICE
The Pennsylvania Public Utility Commission requires that
						_______________________________________________________________________________________________
_______________________________________________________________________________________________
(utility name) give you the following information:
						_______________________________________________________________________________________________
(utility name) is presently planning to construct
						_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
(brief description of project, in language understandable
						by an ordinary person, to include the voltage of the line, height, number and
						type of supporting structures to be used, and location and width of
						right-of-way required. If the physical dimensions of the line have not yet been
						determined or are subject to change, that fact should be clearly and fully
						stated.)Since the route presently under consideration could affect your
						property at.
______________
(property owner's address), a representative of the
						utility will contact you in the near future to discuss the utility's plans as
						they may affect your property. In order to better prepare you for these discus
						sions and to avoid possible misunderstandings, we want to take this opportunity
						to inform you of your legal rights and the legal rights and duties of.
______________
(utility name) with regard to this project. You have the
						right to have legal counsel represent you in these negotiations. You do not
						have to sign any agreement without the advice of counsel. If you do not know an
						attorney you may contact your local bar association. MUST YOU ACCEPT ANY OFFER
						MADE BY THE UTILITY FOR YOUR PROPERTY?
No. You may refuse to accept it. However, the utility has
						the power to take property by eminent domain, subject to the approval of the
						Public Utility Commission, for the construction of transmission lines if the
						utility is unable to negotiate an agreement to buy a right-of-way. If your
						property is condemned, you must be paid "just compensation." "Just
						compensation" has been defined by the courts in Pennsylvania as the difference
						between the fair market value of your property before condemnation, unaffected
						by the condemnation, and the fair market value of your remaining property after
						condemnation, as affected by the condemnation. CAN THE UTILITY CONDEMN YOUR
						HOUSE?
No. The company cannot condemn your house or a reasonable
						"curtilage" around your house. Generally, curtilage includes the land or
						buildings within 300 feet of your house which are used for your domestic
						purposes. However, the 300-foot limit does not automatically extend beyond the
						homeowner's property line. DO YOU HAVE A RIGHT TO A PUBLIC HEARING WHEN THE
						UTILITY SEEKS TO CONDEMN YOUR PROPERTY?
Yes. When an electric utility seeks to have your property
						condemned, the utility must first apply to the Pennsylvania Public Utility
						Commission for a certificate finding the condemnation to be necessary or proper
						for the service, accommodation, convenience, or safety of the public. The
						Commission will then hold a public hearing. As the landowner whose property may
						be condemned, you are a party to the proceeding and may retain counsel, present
						evidence, and/or testify yourself in opposition to the application for a
						certification. If you wish to testify at the public hearing, you should make
						your intention known by letter to Secretary, Pennsylvania Public Utility
						Commission, P. O. Box 3265, Harrisburg, Pennsylvania 17120.
If the Commission approves the utility's application for
						a certificate finding the condemnation in the public interest, then the utility
						may proceed before the local Court of Common Pleas to condemn your land. If the
						Commission denies the utility's application, the utility cannot condemn your
						land. If you retain an attorney to represent you before the Commission, you
						must do so at your own expense.
The Commission will not decide how much money you should
						receive if your land is condemned. The only issue the Commission will decide is
						whether the condemnation serves the public interest. If the Commission approves
						the utility's application for condemnation, the amount of money to which you
						are entitled will be determined by a local Board of View or the Court of Common
						Pleas. However, you may at any time make an agreement with the utility as to
						the amount of damages you are to be paid.
NOTICE
The Pennsylvania Public Utility Commission requires that
						(company name) give you the following information on the RIGHT-OF-WAY
						MAINTENANCE PRACTICES for the (name of project):
The methods currently used by (name of company) are set
						forth in (title and description of applicable specification), which will be
						made available to you for your inspection upon request. If you wish further
						information concerning right-of-way maintenance methods, you may contact (name,
						address and telephone number of company representative). You may discuss with
						this person, either before or during negotiation of the right-of-way agreement,
						these methods and any other questions you may have about right-of-way
						maintenance.
Once a utility has constructed an electric transmission
						line on a right-of-way across your land, the utility must maintain the
						right-of-way free of tall-growing trees and brush which might impair the
						reliability of electric service, the safety of the line, and access to the line
						or its towers. The utility or its contractors may remove and control
						tall-growing trees and brush by several methods: handcutting of trees, limbs,
						and brush; mechanical cutting with chain saws or motorized cutting machines;
						application of herbicides, either from the ground or from a helicopter. The
						utility must confine its maintenance activities to the approved right-of-way
						across your land, except where tall-growing trees or brush or their root
						systems grow into the right-of-way from adjoining land and constitute a threat
						to the electric transmission line and its structures.
If you believe that the maintenance method(s) used by the
						company would raise problems with your use of your land adjacent to the
						right-of-way, it is your responsibility as the landowner to bring this to the
						attention of the utility before you sign the right-of-way agreement.
The utility company has the responsibility to maintain
						its rights-of-way, and regular maintenance must occur. Although you as the
						landowner cannot determine whether or not maintenance will occur, your
						right-of-way agreement may specify certain conditions on the performance of the
						maintenance program which are important to you. These conditions can be part of
						the negotiations between you and the utility company for your land, since a
						right-of-way agreement is a legal contract between a landowner and a utility
						company. It is important for you to understand also that the maintenance
						methods used by the utility company may change over time as the costs of
						maintenance or the methods of performing maintenance change. You may want to
						specify in your right-of-way agreement that the utility company inform you of
						changes in its maintenance methods or in the maintenance schedule for your
						land.
The provisions of the right-of-way agreement are
						enforceable in the local Court of Common Pleas. The right-of-way agreement
						cannot be enforced by the Pennsylvania Public Utility Commission. Any claims
						for damage resulting from improper maintenance of the right-of-way must be
						settled with the utility, its contractors, or in the local Court of Common
						Pleas at your own expense. The Commission cannot award damages for violations
						of the right-of-way agreement.
This section cited in 52 Pa. Code §
													69.3102 (relating to public notice
						  filing requirements).