Entitled People Rant Update
This deals with a cable co. that ran a line on my property without a utility easement. The one end of my 16 ac is a common gravel driveway that goes back to other properties, including the owners of a small internet cable co. I confronted them months ago in that their utility easement came in from another street. Of course, this would mean an extra mile of cable. So they made a verbal agreement with the neighbor, who owns the other half of the driveway, to run the cable on their side. All good, until I find that they ran it under my side via a boring machine. The work was 300 yds from my house & I found them cleaning up when we came home from shopping. It looks like they even cut the corner from the frontage road & ran 70' into my property. Yes, words were exchanged & the wife (co. VP) said that, "they had to do it because their son couldn't do homework without the internet." I had a sheriff's officer come out to file a report. He was a nice kid, but didn't have the experience or knowledge re: this situation. I also called 811 to have it marked out (after the holiday weekend.)
Months ago, the county manager didn't want to get involved. I know it would be trouble if I went out there with my excavator & dug it up. Of course, if it's not marked properly??? So far, looks like I'll have to file a trespassing complaint & figure out something civil. Any suggestions?
They were there today and I happened to catch them on one of my checks (200 yds from the house.) It was a different crew and they were decent. They were warned that I would give them trouble, but they were pulling the line, so I was cordial. I txted a thankyou to the county & tried to call the 811 supervisor that helped. I'll follow up with emails & more calls tomorrow (including a lawyer.) Now that I did all the work, the next neighbor along the driveway is going after them for crossing his property.
Comments
Wish you luck in this bad guy wins society we have going some how it will be your fault
Let us know if it ever gets settled
as there is cable on your property, no easement, and no written agreement to run said cable, lets think about this in a Vito Corleone way…
you can guarantee that the cable is “protected” provided the cable company owners give you free service. Without free service, there could be some outages that would be very expensive to repair should some unfortunate accident occur…
🇺🇲 "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson 🇺🇲
I might suggest the Devil Anse Hatfield solution.
It's new enough that 811 most likely can't/won't locate it next week, because it is so new. IIRC, utility companies update the 811 system monthly with their new infrastructure, so it wont be on the locators maps. They could put an inductive clamp around it, if they can find a spot, and mark it out for you, out of courtesy, but they should mark it in a color that doesn't represent any utility. Since you've stirred up the hornets nest, I don't think you could get by with an accident excuse for damaging it since it's obvious you know it's there. Sounds like it's time to get a lawyer involved.
I don't think you have to worry about "accidents" or anything else, if the cable (or whatever) was put on your property illegally then dig it up and cut the damn thing, it's your property for God's sake.
We should all be sick and tired of being bent over by some person or persons forcing us to what's best for the them and then worry if we should/could do something about it without upsetting the offending party ........................ really?
I've spent hours searching on line & making some calls. I have a lot of good thoughts, but info on line is conflicting. Unfortunately it's a 4 day holiday weekend. I think they have all the rookies working at the Sheriff's Dept. as info is questionable. I wish the neighbor would have let me know they were working on it & I could have "interrupted" them mid way. At this point I don't want to face a hefty repair bill if they prevail.
I don't want to send emails to County personnel on the holiday so I'm on hold until Wednesday when I will get started with calls. I've got a few lawyers #s to see who gives free first consultations.
@toad67 There's a box across the street they can hook up to & they've done this type of trace before.
Without your permission, someone is using your property for commercial purposes.
If they put up a sign on your property advertising their company, would you leave the sign? No. You wouldn’t. You’d first use it for target practice and then chop it down and dump it at their business door.
Do the same with the cable.
🇺🇲 "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson 🇺🇲
Its a cable under your dirt?
What is the prevailing reason to not just let that go?
@Warbirds The cable runs under an area that I might want to develop one day & this limits what I can do. It also creates a major inconvenience when I want to dig anything in that area as you have get it marked out each time & dig by hand when within 2'.
That 811 lag might be your hole card. Have them do their survey and if they say there's nothing there, start digging. Any "oopsie" is no longer your fault.
If they do find the cable, it is proof that the company trespassed without your permission. You win either way. Just get the 811 in writing.
A cable company does not have the right to impose eminent domain on your property. Now if your local government would decide to side with the cable company saying that it is for the betterment of the public, they have to pay you for that property that they take. But I don’t see that happening account it only involves the one house and you never volunteered and easement. So don’t let the cable company try and buffalo you into thing they can impose eminent domain.
Sounds to me like the installers just thought it would be easier on that side and that you wouldn’t complain.
They could have stayed along the road, crossed the driveway and run down that side. Maybe another 75 ' of fiber cable. Would have been no problem then.
Yes it was easier for them, but the co. owners & foreman knew I would complain.
They probably believe in that "forgiveness versus permission" theory. Except that in your case, they'll get neither. And may deeply rue their act.
Whatever you do, I would do it in a timely manner. I wonder if it stays too long if there are some kind of utility version of squatter’s rights.
Makes sense.
'Dig right' has a requirement to mark buried stuff within x(?) days. If it's there, they'll find and mark it or you're not responsible. If the service company had permission to bore under the OTHER side of the driveway/road but did so on YOUR side, this is probably a trespass violation.
We get infringed on in every part of our lives. Make them take out every foot of cable.
Call Crandall and Katt.
Early this Spring there were several crews working all over my neighborhood putting down fiber optic cable that I'm pretty sure was paid for by US taxpayers through a gov't incentive. They installed a box and a poly capped post in my yard near the gravel road which is considered a right of way within 33' from road centerline.
When I first saw men digging and crews machining trenches, I stopped and asked one of them what was going on. The dark colored man looked at me with a bewildered look and said "No hablo inglés" 😯
The entire crew were Mexican! So, I'm pretty sure what went on around here was also going on in many places around the country. The language barrier and lack of understanding property rights may also contribute to the kind of problems you are experiencing Toolman!
The crew spoke English but were very disrespectful. I spent this afternoon (90 outside) researching county officials names, numbers & emails. The co. has a contract with the county. I have an email ready to go to 11 officials on Wednesday the 5th. Depending on their reaction, I will go sign a trespass complaint. Heck, I'll probably do that anyway.
I don't see a problem. Just tell them if they give you free cable for the rest of your life, You will drop the lawsuit you are going to file.
Joe
Where is that hot cup of coffee in the crotch Attorney when he is needed?
Is he busy helping Hunter Biden?
Not changing the subject much but I was wondering about this one.
Thought for the day. Seen on news few days ago that it's possible for Trump to be elected President while in prison and I had the following questions/thoughts.
If Trump is in prison and is elected president can he do a Presidential Pardon of himself?
If Brandon Joe and Hunter are in the same cell with Trump would they also be included in the pardon or if in a separate cell could Trump pardon them?
If the answer is YES, Hunter and Brandon should consider campaigning and voting for Trump.
Eminent Domain has very specific requirements, notice, hearings, appraisals etc. Does not sound like any of that took place.
Sounds like a civil matter.
See if an attorney will take case on contingency as some states allow for hefty fees if the case is won by you.
Where is Earl when we need him?
Although I can respect your anger and frustration a calm head will prevail. Free internet for life and the agreement to move said cable if you decide to construct in the area of trespass should work out for you rather well.
UPDATE......OK, keep your fingers crossed. I'll believe it when it happens.
I sent 11 emails to administration, supervisors & the county broadband manager on the evening of the 4th so they would have first thing on returning to work. Yes, I got 1 email back saying they would look into it.
On checking the 811 response, the cable co. said, "No Conflict." So I called in another 2 mark outs & each response was No Conflict. Eventually I spoke with a supervisor at 811. Her response was, "this is ridiculous, I'm going to make some calls." She called back that the co. owner told her that the line had been abandoned & would be removed (documented in an email to me.)
I was getting ready to go stir up the dirt over the cable (just to pizz them off) when the County Broadband Manager returned my call. He confirmed what 811 told me, but didn't know when the line would be removed. I told him if it wasn't gone by Tuesday, I would use my excavator to remove it and I wouldn't be responsible for any damages. He called right back that it would be removed by then, my property would be restored & they would re-gravel the driveway.
I'll be there to see this & take photos while I smile at the belligerent sob.
So far sounds good. Hope they follow through and get it done. Good luck @Toolman286
If they went across your property you may be entitled to compensation .
Let's see a Google earth screenshot of your place and where they bored underneath.
Right now I'm focused on them removing the cable line.
Next week I will take photos & call lawyers to see if one will go after them on a contingency basis.
Update above
If the line was 'bored', it's going to be more destructive to remove than just abandoning it.
glad it worked out so far
Mobuck, They only re-dug where they started, turned & stopped. Then pulled the 3/4" cable from the larger hole/tunnel the boring machine made.
Thanks to all for your interest, comments & suggestions.