RIGHT-OF-WAY EASEMENTS

    When a utility easement is granted on agricultural land, utility companies should be required to use the least desirable land and to avoid taking prime farmland where possible. Farmers should be reimbursed when lines go through their farm. The utility company should be required to pay for moving lines when such action is necessary as a result of building waterways, ponds, roadways, etc. We recommend that utility lines be placed underground where possible and that the areas surrounding utility poles and guy wires be kept free of trees, briars and weeds by the utility company.’06

    We believe that utility companies should use existing rights of way or property lines when feasible.’05

    We oppose permitting utility rights-of-way, including railroad rights-of-way, to be used for other purposes without permission of adjoining landowners and the holder of the underlying property interest. When a right-of-way is abandoned, the right-of-way should be returned to adjacent and/or underlying property owners. If the right-of-way is owned in fee simple, the property should first be offered for sale to adjacent landowners with right of first refusal upon abandonment. ’07

    If a rail line is abandoned, rail banking should only be permitted without interim trail use, and permit landowners to retain abandoned railroad corridors for non-trail uses that will preserve the opportunity for restored rail use in the future. '02