Right-of-Way Discussions
with AEP/I&M
Now that the easement staking has happened, Right-of-Way agents will begin reaching out to property owners to discuss and negotiate for the expanded easements. The company representing AEP/I&M for this task is ORC (O.R. Colan Associates). They have four representatives serving the project; you may have already heard from the person assigned to you. It is our understanding that this rep will be your liaison throughout the process. The ORC reps report to John Hostal of AEP/I&M who will oversee and approve all negotiations.
The components of what they will be seeking to work out with each property owner include:
The Easement
A legal document describing the parcel of land in question. It starts as a boiler plate but then is subject to negotiation. The document includes what you are allowing to be done on this property and what is prohibited. Read it carefully to understand what rights AEP/I&M is requesting. This is a public document that will exist in perpetuity and the property value listed there will be $1 (or some other minimal amount).
Easement Payment Schedule
Another signed legal document that is not publicly accessible. The EPSA describes the land included in the easement and the negotiated value for the property.
Damage Agreement
This document is the vehicle for determining the value of all materials - vegetation, stone, fencing, buildings, etc. - affected by the project and the total amount AEP/I&M will pay to the property owner as a result of granting the easement. This agreement may also contain provisions for possible damage that could happen during the project - e.g., trucks rolling over driveways. The document is individualized for each property.
Impact to Property Vegetation
There has been some confusing communication on this topic coming from AEP/I&M and it is time to be crystal clear on what is happening. The 20 foot easement - on either side of the new poles - will be cleared to the ground of all vegetation. Not just trees, but all vegetation. You can see how this process will affect your property based on the stakes in the ground. During construction they will create a safe work environment for the trucks (mats of wood, gravel, other - to be determined). The land will be “restored” after the construction and property owners are allowed to re-plant in and around the poles anything that will grow up to 8 - 10 feet. No buildings, fences, swimming pools, sheds can be put into this easement property.
Considerations for Your Negotiation
The following list of comments do not represent legal advice for your upcoming negotiation. AEP/I&M has shared some information with us during our regular meetings and we are passing it along to you as your prepare for your discussions.
The decision to enter into an easement agreement with AEP/I&M is yours alone. They can not proceed with the project until all properties are on board. They prefer to acquire the property through negotiation but will seek eminent domain if necessary.
The negotiation for your property is personal and only relevant to your situation. Only you can determine the value for you of what you will lose. In coming up with the total impact of the project you can seek the advice of experts - attorneys, arborists, landscaping services, turf experts etc.
Landscaping is important to the value of a home. Remember to take into account how this project may affect potential resale value. Consider consulting a real estate broker for an opinion and factor any home value degradation into your negotiation.
AEP/I&M has suggested each owner should ask for a budget for post-project debris clean up. Although clean-up is part of the process, and they intend to restore the property on which their trucks were positioned to install poles, their efforts may not be to the level you require. You may want to hire private help to augment what they will do as part of the project. The amount you may chose to request for this work is up to you and part of your negotiation.
Earlier in the project AEP/I&M talked about a 3:1 reimbursement value for trees. We have not seen this concept turned into a tangible plan for reimbursement, but keep it in mind in your discussions. And definitely keep in mind the age of a tree. It might not be possible to buy a 25 year old blue spruce, for example, but the price for one can be extrapolated from nursery stock available locally. While we know you will not be allowed to replace a tree within the easement area, you may choose to plant it elsewhere on your property. If that is your plan, keep in mind delivery and replanting costs during your negotiation. People often plant trees to celebrate important life events. This sentimental value has “cost” as well.
AEP/I&M will come up with a pole placement plan based on their soil boring tests. It is our understanding that there may be some (small) room to negotiate on the exact placement of any poles on your property. Remember to review this topic in your discussion.
If you don’t ask for something, you won’t get it. Prepare for these discussions and make sure all topics important to you are covered.
It is a good idea to establish a relationship with your Right-of-Way agent as she/he will be the one to carry forward your wishes in this negotiation.
While the negotiation for your property is up to you, there is value in sharing thoughts and ideas with neighbors and other people in the same position. Some residents have chosen to hire attorneys to seek advice. POTA wlll not be involved in these negotiations nor any legal action.
What we will do is: (1) push for clarity on what is being done and why and then pass that information along to the community; (2) hold AEP/I&M to their commitments; and (3) determine the best way to have AEP/I&M live up to their statement of “leaving the community better than they found it”.