Do Electric Companies Need My Permission to Survey My Land?

Craig M. Vandervoort, Joseph M. Nixon, Jack Welsh

In short, no. But that does not mean you are without rights.

Ohio Revised Code Section 4933.15 clearly states that electrical companies can “enter upon any land held by any individual or corporation” when they are “making preliminary examinations and surveys” for the future construction of power lines.

However, this does not mean that they can just show up and do whatever they want whenever they want. Ohio Revised Code Section 163.03 lays out some important limitations. First, power companies are required to give notice of their intent to survey your land more than 48 hours and less than 30 days before going on your land. Moreover, if they damage your property while they are working, they are required to compensate you for damage. If a landowner cannot negotiate compensation for damage, he or she can begin a lawsuit against the power company.

You will probably also want to clarify questions that can come up during the course of the survey. For instance, what happens in the event of the discovery of artifacts or other cultural resources? Will you be able to obtain a copy of the survey? Is the survey company permitted to use metal pins or other materials that could damage farm equipment if left behind? By discussing these and other questions on the front end of the process, you can avoid confusion and frustration later on.

Power companies typically “play nice” with landowners at the surveying stage, because they want to be on good terms with the landowner when it comes time to negotiate an easement. What this means is that the power company will often ask for permission to survey the land before demanding to do so under Ohio Revised Code 4933.15. When a company approaches you asking to survey your land, this is a good opportunity to communicate your expectations and remind the company of its limits and obligations. One way to do this is through a written document signed by the parties involved.

Sitterley, Vandervoort, & Nixon Ltd. represents landowners in all stages of negotiation with power companies. Call us today to schedule a free consultation, either at your property or over the phone. Please contact us if you would like to receive a free draft survey form template.

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