Here are the words from the right of way agreement that Monongahela Power Company got from my neighbors in 1974:
This excerpt is taken from a right of way agreement dated October 30, 1974, recorded in the Calhoun County Clerk’s Office in Right of Way Book 21 at page 623. The “Grantee” referred to in this section of the agreement is Monongahela Power Company.
Here is what that that same right of way looked like yesterday, three weeks after Mon Power’s contractors sprayed it TWICE with herbicides:
I did not have a very good perspective on the north side section, but you can see significant over-spray that is off the right of way. This is an additional trespass on top of the trespass of spraying at all.
My neighbors and I have spoken to the helicopter subcontractor, who is not licensed to do business in WV, and an Asplundh employee who supervises the helicopter spraying. Both people immediately accepted responsibility for the trespass.
But Mon Power is a corporation and a subsidiary of an Ohio power company, FirstEnergy. Will Mon Power accept responsibility for its subcontractors? Employees are just individuals, they do not speak for the corporations that control them.
Oh yeah, and all that basal herbicide application that was done when Mon Power did cut this right of way by hand? That was illegal too. Read the words above: “Grantee shall not use chemical herbicides…” What part of “shall not use chemical herbicides” Mon Power and Asplundh, which cut the right of way by hand in past years, not understand?
Land owners beware. You cannot afford to have a transmission line across your property, even if you have a good right of way agreement.