My question involves real estate located in the State of: Mississippi
Thank you very much for being here. After struggling with acceptance of its inevitability, we are now moving forward with the contract for a utility easement by Entergy Mississippi for 230kV electric lines. The easement on our property consists of a 125-ft wide clearcut swath near the eastern border of our 29-acre parcel for a total of 2.53 acres (plus orphan see #2 below). They have made their first offer, now we need to counteroffer. I am already aware that we would not be making changes in the contract directly ourselves, that we would convey our wishes and have Entergy write the new language/provisions. Here are my concerns and I wonder if I could have some feedback on my questions regarding:
1. Timber Value: The contract does not mention initial clearcut timber value. Our neighbor, who is also undergoing the easement and has already signed the contract, is going to privately lumber the timber on his land in order to get the value of the trees, and he has offered to have his crew also lumber our portion (that would be continuous between the two properties). This sounds great to us, and additionally his father was a local timber baron and the neighbor himself is the county solicitor so we expect this will be done well, AND the felled trees can be transported out through the neighbor's property. Any pitfalls? I have not yet talked with him about how he managed this provision in his contract with the utility co but I figure I can just copy what he's done.
2. Orphaned Land: The easement actually "orphans" a strip of land on our eastern border that is about 30-ft wide. We will not be able to enjoy this property as it will be on the other side of the 125-ft clearcut. I expect to figure out the acreage of this land and request that they also include that in the total acreage they are compensating us for. Pitfalls?
3. Ingress/Egress: Here is the language in the contract: "Grantor hereby grants to Grantee the rights of ingress and egress at any time, without notice, to, from, or along said right-of-way across the adjoining land of the Grantor, including, but not limited to, to passage of vehicles and equipment upon said right-of-way; and the right of Grantee to assign, license, and otherwise permit others to use in whole or part any or all of the rights, easements, servitudes, privileges or appurtenances granted herein." As I read this, they can cross our property at any time with no notice to get to the easement. That is simply unacceptable to us that we do not have privacy on our land in perpetuity. Also, there is no road or bridge over the creek to get across our land to their easement. What can I do here?
4. Assigns: The second half of the quoted language under para#3 above addresses assigns. Any pitfalls there?
5. Allowed uses: Reading other easement posts on this sites and others, I have seen advice to request removal of any language that allows the utility to add telecommunications infrastructure onto the easement (I believe on the premise that such use should be separately contracted and recompensed, but not certain about that). Here is the language: Grantor... does hereby grant, bargain, sell, transfer, assign, convey and warrant unto, and defend Entergy Mississippi, Inc., and its successors and assigns (collectively "Grantee"), a right-of-way, servitude and easement 125 feet in width for the location, relocation, improvements, repair, construction, reconstruction, operation, inspection, patrol, replacement, removal and maintenance of one or more electric power lines, circuit or circuits and/or communication facilities, now or in the future, including, but not necessarily limited to, poles, towers, cross arms, insulators, wires, cables, conduits, hardware, transformers, switches, anchors and other equipment, structures, material and appurtenances, now or hereafter used, useful or desired in connection therewith by Grantee (hereinafter "Grantee's facilities") over, across, under or on that land of Grantor..." Any thoughts? Is that advice correct and "communications" should limited somehow?
Thank you for any information, I really appreciate your time.
Thank you very much for being here. After struggling with acceptance of its inevitability, we are now moving forward with the contract for a utility easement by Entergy Mississippi for 230kV electric lines. The easement on our property consists of a 125-ft wide clearcut swath near the eastern border of our 29-acre parcel for a total of 2.53 acres (plus orphan see #2 below). They have made their first offer, now we need to counteroffer. I am already aware that we would not be making changes in the contract directly ourselves, that we would convey our wishes and have Entergy write the new language/provisions. Here are my concerns and I wonder if I could have some feedback on my questions regarding:
1. Timber Value: The contract does not mention initial clearcut timber value. Our neighbor, who is also undergoing the easement and has already signed the contract, is going to privately lumber the timber on his land in order to get the value of the trees, and he has offered to have his crew also lumber our portion (that would be continuous between the two properties). This sounds great to us, and additionally his father was a local timber baron and the neighbor himself is the county solicitor so we expect this will be done well, AND the felled trees can be transported out through the neighbor's property. Any pitfalls? I have not yet talked with him about how he managed this provision in his contract with the utility co but I figure I can just copy what he's done.
2. Orphaned Land: The easement actually "orphans" a strip of land on our eastern border that is about 30-ft wide. We will not be able to enjoy this property as it will be on the other side of the 125-ft clearcut. I expect to figure out the acreage of this land and request that they also include that in the total acreage they are compensating us for. Pitfalls?
3. Ingress/Egress: Here is the language in the contract: "Grantor hereby grants to Grantee the rights of ingress and egress at any time, without notice, to, from, or along said right-of-way across the adjoining land of the Grantor, including, but not limited to, to passage of vehicles and equipment upon said right-of-way; and the right of Grantee to assign, license, and otherwise permit others to use in whole or part any or all of the rights, easements, servitudes, privileges or appurtenances granted herein." As I read this, they can cross our property at any time with no notice to get to the easement. That is simply unacceptable to us that we do not have privacy on our land in perpetuity. Also, there is no road or bridge over the creek to get across our land to their easement. What can I do here?
4. Assigns: The second half of the quoted language under para#3 above addresses assigns. Any pitfalls there?
5. Allowed uses: Reading other easement posts on this sites and others, I have seen advice to request removal of any language that allows the utility to add telecommunications infrastructure onto the easement (I believe on the premise that such use should be separately contracted and recompensed, but not certain about that). Here is the language: Grantor... does hereby grant, bargain, sell, transfer, assign, convey and warrant unto, and defend Entergy Mississippi, Inc., and its successors and assigns (collectively "Grantee"), a right-of-way, servitude and easement 125 feet in width for the location, relocation, improvements, repair, construction, reconstruction, operation, inspection, patrol, replacement, removal and maintenance of one or more electric power lines, circuit or circuits and/or communication facilities, now or in the future, including, but not necessarily limited to, poles, towers, cross arms, insulators, wires, cables, conduits, hardware, transformers, switches, anchors and other equipment, structures, material and appurtenances, now or hereafter used, useful or desired in connection therewith by Grantee (hereinafter "Grantee's facilities") over, across, under or on that land of Grantor..." Any thoughts? Is that advice correct and "communications" should limited somehow?
Thank you for any information, I really appreciate your time.
Creation: Contract Provisions for Utility Easement
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