Jay Daniels
Jay Daniels of Round House Talk News discusses proposed changes to rights-of-way regulations at the Bureau of Indian Affairs:
Having worked on this proposed rule change as a BIA national team member, I must admit that we did discuss why most utility co-ops did not offer compensation to landowners for a right-of-way. There are two types of landowners involved in the granting of utility rights-of-way. The first and probably primary is an end user, or individual needing service delivered to his or her homesite. The argument was that if the utility co-op has to pay right-of-way compensation, the cost of construction and acquiring additional lands would be potentially greater than the return that could be expected by the Co-0p. Thus, the only recourse is for the end user to pay the entire cost to acquire services to his or her residence. The second type of landowner is one who derives no immediate benefit from granting a right-of-way. This happens when the land is used for farming, hay or pasture land. The landowner of this type of land does not need utility services and may or may not need it in the future. His or her refusal to grant a right-of-way without compensation is understandable but can delay or even cancel utility access to other landowners along the utility route, or what we call "footprint" of the right-of-way. My thought then and now is that on portions and or at the end of the utility line is a rich farmer who drinks coffee and has breakfast with Co-op Commissioners, or perhaps is a a Co-op Commissioner himself. Those relationships mean the utility lines won't be removed from the existing or proposed right-of-way. You know what they say about politics. Some team members had concerns that compensatory requirements would prevent granting rights-of-way or renewals of expiring easements. Possibly, but regardless, BIA has a fiduciary trust responsibility to obtain compensation for landowners unless some other form of compensation is approved which could waive access and construction cost assessments by utility companies.Get the Story:
Jay Daniels: The Rights and Wrongs of Right-of-Way Rules (Indian Country Today 8/13) Federal Register Notices:
Rights-of-Way on Indian Land (August 13, 2014)
Rights-of-Way on Indian Land (June 17, 2014)
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