Transmission Line Easement Agreements  Mike Irvin

April 2010

ITC and Westar are in the process of building miles of new transmission lines across the state. In order to build the transmission lines, the companies are required to acquire a right-of-way or easement agreement from landowners.  The easement provides access to land for the purpose of construction, operation and maintenance of electrical lines.  Here are some questions that should be addressed before entering into an agreement:

Is the easement limited to a specific area?

What is appropriate compensation? 

Is there a “temporary work area” in addition to the easement itself? Are you receiving an additional payment?

Will you be paid damages if compaction occurs? 

Will temporary fencing be used and will the original fence be restored if damaged?

Will you be compensated for crop loss or crop damage?

Is the company obligated to restore the easement area to its original condition?

Will the company reseed or compensate you to replant? 

What route will the construction and maintenance contractors use?

Will you be indemnified for all damages or losses? 

These are just a sample of the various kinds of serious issues involved in negotiating a right-of-way or easement agreement. Consider consulting with an attorney prior to signing any agreements.