Homeowners in Cheatham County, a suburban area just outside of Nashville, Tennessee, are outraged that the Tennessee Valley Authority (TVA) conducted an undeclared survey of their property for a possible transmission line to serve a new gas-fired power plant.
A proposed transmission site calls for clearing a 100-foot wide pathway through a wooded area, which nearby residents are concerned will disrupt the natural environment and generate unnecessary noise in their neighborhood.
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Homeowners Jodi Bloodgood and her neighbors, the Harants, claim that despite both submitting their objections with their lawyers, TVA still went ahead and entered their properties to conduct a land survey.
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Local residents are accusing the Tennessee Valley Authority (TVA) of disregarding its own due process rules.
Tracy O’Neil, another community member, said documents sent to homeowners stated that they had 21 days to respond to the TVA. However, the Bloodgoods and Harants claim their constitutional rights were ignored when a TVA surveyor came to their property before they had a chance to argue their case in court.
The Tennessee Valley Authority (TVA) responded to inquiries, stating that they’ve taken steps to acquire properties to potentially build new transmission lines, having filed condemnation proceedings. They emphasized that a federal court had issued court orders allowing the TVA to enter the properties and conduct surveys.
Homeowners in the area remain frustrated, but are persevering and striving for a resolution in conjunction with their legal representation.
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In Tennessee, certain property owners may utilize easements to grant others restricted right to use a specific area of their land.
Most states, including Tennessee, have laws allowing individuals to give others permission to use their property for a particular purpose. For instance, if a driveway extends onto a neighbor’s land, a person who recently purchased a home might ask their neighbor if they can have permission to continue using that land as an easement.
In the state of Tennessee, a property owner may hold two types of easement rights: implied and expressed easements. An implied easement arises without the need for a written contract and involves a situation where there is a prior necessity for the use and a history of previous use, for instance a driveway connecting two properties.
The TVA will likely seek public easements, such as those for utility lines or sidewalks, which are created for the benefit of the public as a whole, and are generally permitted in the state. These easements are created by a legal agreement and recorded in the property deed.
Dealing with easement disputes
Eminent domain laws can be complicated, particularly those involving utility companies. However, it’s crucial to be aware that federal law allows the government to acquire private property for public use if it provides fair compensation to the owners of the land in question.
If you’re unsure about your rights, it might be a good idea to speak with a lawyer. Nonetheless, there are several potential steps you can take beforehand to be proactive.
Initial steps involve contacting the utility company and requesting details, including court documents and studies evaluating the project’s environmental and public effects.
Reach out to people holding public positions in your community, like the clerk of the local court or state lawmakers, to tell them your concerns. These officials may be able to support more opportunities for community involvement or more oversight, allowing for further discussions. Typically, info about elected officials’ contact methods, such as phone numbers or email addresses, is available on the web.
Consider bringing an injunction to court. If you believe their property rights are being infringed, a court order can stop the survey or construction until the property rights issue is resolved.
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The information in this article is for knowledge purposes only and should not be considered as personalized advice. It’s offered without any guarantee of accuracy or reliability.
