Utility easements in massachusetts what group

The FCC recognizes that state law governs whether a utility owns or controls a utility corridor to the extent necessary to permit access under the PAA.

utility easements in massachusetts what group

Where are the physical boundaries of the easement? Loether, 415 U. When you are buying a house, it is important to be aware of any easements that benefit or burden the property.

Everything You Wanted To Know About Massachusetts Easements, But Were Afraid To Ask

In contrast, at least two cases have clearly and unequivocally restricted the extension of non-telecommunications easements to exclude telecommunications use. If access under the MPAA is mandatory, the question arises whether the MPAA is unconstitutional for failure to provide utilities with an express right to a jury trial for a damages remedy in the event of a taking.

These easements allow the utility companies to use portions of residential property to provide their respective utility services.

utility easements in massachusetts what group

See Richardson v. You can fax it to me at 617-859-8966, email it to me at steve d-and-g. See supra note 80. Burden to maintain easement? Expense of Maintaining a private road off of which is an driveway to a property with an wasement.

This means that your neighbor may have an easement for purposes of having a utility company repair a wire, but your neighbor would not have the ability to grant a right of access on your land to some other private party.

utility easements in massachusetts what group

On the other hand, if the underlying dispute is viewed as an exercise of DTE rate-making authority over utilities and telecommunications carriers that are subject to the PAA and MPAA with respect to mandatory pole attachments, there is no right to a jury trial but simply a right of judicial review after the rate order is issued.

As discussed, the FCC recognizes that whether a utility owns a right-of-way or controls that right-of-way to the extent necessary to permit access under the PAA will be governed by state law. Leary, 162 Mass.

Please enable JavaScript to view the comments powered by Disqus. By general telecommunications use we mean a telecommunications use that is not incidental or restricted to the support of a specified primary functional use such as gas or electric transmission. Bay Transp. Paradoxically, a court decision in favor of a jury trial may result not in a jury trial but in the FCC subjecting pole attachment rates in the commonwealth to federal judicial review.

Paving over an easement

Has the easement been abandoned? White, 58 Mass. Similarly, properties sometimes have easements for railroad tracks or easements for pipelines to move water between neighbors. It appears that Marcus is consistent with the law of easements in Massachusetts and that an easement worded only for an electric transmission or distribution line will not justify apportionment for general telecommunications purposes.

See Teleport , 346 F. The trial court issued an injunction. Allowing an administrative body, such as the FCC, a role in the process of determining just compensation for a taking is permissible so long as its order is subject to judicial review to ensure that a court makes the ultimate determination of just compensation. For these purposes, different easement instruments may grant or reserve different rights that may not be the same throughout the utility corridor.