Court Defines Scope of Electric Utility Easements
A recent decision of a U.S. District Court in Texas addresses a current trend among landowners, which is to sue electric utilities, railroads and pole attachers on grounds that easements conveyed by landowners do not cover new telecommunications services and that third-party attachers must obtain their own easements. The opinion examines various easements and determines whether each entitles a utility to provide telecommunications or video services in addition to electricity transmission. Although the decision interprets Texas law, it raises issues affecting all electric utilities.
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