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Power Transmission Easement
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Mike SE IL
Posted 1/21/2025 11:08 (#11066460 - in reply to #11064478)
Subject: RE: Power Transmission Easement



West Union, Illinois

I grew up with high line poles in the field.  Over the years I've farmed around ... I think 14 of them.  We've been negotiating with 2 different power lines for a few years.  A solar farm was going in up the road and had to get into the 345,000 volt line that we've been farming around since the mid 60's.  The two meet on us.  They needed to put in a switchyard to get from  the solar farm to the 345 kv line so we've been involved in that. In addition Grain Belt Express (https://grainbeltexpress.com/) wants to run across us parallel to the existing line. And while all this was going on Ameren decided to replace the existing 345kv line.  Total removal with new poles in different places.

I've spent a lot of time talking with high line folks.

I want to warn you, the absolute best one was a lady ... I don't even try guessing age any more but she's over 30 ... that talked like (and may be) an old country girl.  She's a long ways from a "suit".  She's easy to talk to, easy to get along with, I like her, and never forget she is working for them not you.  She wouldn't cheat you out of a dime, but if she can talk you out of a cent she's going to do it.

An important note, the solar farm does not have eminent domain. That's important to know when negotiating, because if they HAVE to cross you and can't force it they will pay better.

Grain Belt might have eminent domain (that is still in court)  But I'm enough of a conspiracy theorist to expect them to eventually get eminent domain.  If they don't we left money on the table.  If you look at the east end it crosses the Wabash a couple miles east of us to get to a big switchyard.  Every possible route they have discussed crosses us.  I think the neighbors are holding out, and will probably get paid better than us.  Because it HAS to end at that place,and  between them and a landowner they farm for it HAS to cross them or the entire project is dead.  It would take a major reroute to get past them and cross a lot of CRP, WRP, state wildlife area, etc.

OK enough background.  You asked for knowledge and information.  Here's a few things.

First and foremost is write everything down and file it. If you meet an employee, landman,etc along the road and talk, document it.  Write down anything said, important, even things unimportant at the time, date it and file it.  File in a way that it can be found, by date, subject, person, whatever.  Any correspondence gets a copy in the file.  If you go to a public meeting (and there will probably be several) keep every piece of paper along with your notes in a folder for that meeting.  I have a 2" thick file folder with just Grain Belt papers.  

This is important so you can find things later.  Sorting through a pile of papers is at best frustrating.

Remember this is negotiating.  There may be things they will not budge on.  But you may have things like that also.  We have center pivot irrigators the line will cross.  These folks do not understand irrigators. in our final agreement it plainly states the system cannot interfere with our irrigators or the operation of them (that's the concept, not the exact wording). That was our non-negotiable

I was dealing with two companies with 3 different proposals, so these comments may be from either one.  They will drown you in words.  Read every word and read it from the worst case point of view.  What could this phrase be interpreted to mean, not what you assume it means. 

One of the first proposal was 26 pages long to place one pole on 80 acres.  It included anything they could possibly think of with everything tilted to their favor. I eventually negotiated it down to about 8 pages.  After I finished I took it to a lawyer I know to look it over.  He said it was perfect and didn't change a thing.  Remember, almost everything is negotiable.  After all that the company went broke.  The assets were sold to a new company which started the whole process over and with a different route.

One of the proposals gave them the right to go anyplace they wanted on the 80 acres.  The easement was for 150 feet along the road.  Watch for the phrase "adjacent to or abuting"  Nope, it must spell out everything.  OH, and when they do the construction watch very closely where everyone and everything goes.  Ameren's contractor got a little wide ... like dragging stuff in the mud hundreds of feet out of the right of way.  Document it for use when discussing damages.   

Another referred to an 975 foot by 675 foot area. Funny, it had been 900 by 600.  Watch every word every time.

An option contract was rather open ended. I told them they had 6 months to decide and 3 years to start or it was void.  They wanted an extension term.  We refused.  We settled for different terms, but there is an end date.  The 26 page deal had something about the option fee being refunded if the project didn't happen.  Nope, option fee is non-refundable

I had a slight advantage as I was at times talking for mom but I am the tenant.  They always want damages paid to the landowner.  As I am a share crop tenant I got the tenant's rights included in the deal.

One of the agreements included cost to modify an irrigator.  They wanted a maximum dollar amount.  I refused, wanting it to be the actual amount billed by the irrigation dealer doing the work.  We compromised on actual cost with a maximum outrageously higher than it would be.

They will want to be able to sign the landowner's name on permit applications, etc.  Don't let them.

Look for the phrase "at seller's expense".  Nope, you guys started this mess, you get to pay for it.

One thing I got really insistent on was notification.  "it shall be deemed to be received three business days after it is mailed"  Absolutely not. It will be deemed received when sent by certified mail or other carrier  (think UPS or FedEx) and hand delivered with receipt.  Oh, and Mom (in her late 80's) specified all were to be delivered to me.

Indemnification is something to get hard nosed about.  Look for something like agrees to indemnify and hold harmless, claims, liability, or obligations.  Nope, that may be standard lawyer boilerplate, but that is a risk they must accept.  Don't try passing that off on an 80 year old landowner.

There may be something about mortgage, binding, or securing the property.  Absolutely not.  Don't let them tie up your property rights.

One of the deals involved a 1031 exchange.  They wanted the seller to be responsible for costs and expenses related to the 1031.  Nope, they started it, they can pay for it.

There's more but this is becoming a book. 



Edited by Mike SE IL 1/21/2025 23:18
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