Utility Easement Legal Rights

Summary

You may have grounds to file an injunction to protect your property due to discrepancies in the Environmental Impact Report (EIR) and potential environmental damage. Review the easement agreement for specific terms about pipeline replacement and consult with an environmental attorney. Check for potential violations under the California Environmental Quality Act (CEQA). In California, you can file an injunction without an attorney, but legal representation is beneficial. Complete necessary court forms, file them with the court clerk, serve the utility company, and attend the court hearing. Consider contacting local environmental advocacy groups for additional support.

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have a municipal utility easement running through my property. The utility company is replacing an old water pipeline. They want to rip up the old line and place a new one. I do not want all my natural assets removed. They have old growth trees marked for removal. They were here before the old pipeline. They let the easement go untouched and unused for several decades, now they want to rip it up. I was told by their contractor that they told the company they should go down the main road instead of through the original route which takes them far out into the countryside and has far more environmental impact. Many of the marked trees are marked np, which the contractor told me means they were not in the initial report and plan. How could they have an accurate environmental impact assessment if they are that many trees off? I want them to leave the old pipeline alone and go down the road that is also the easement line on my property, instead of through all my trees and shrubs, which would be more cost efficient, less work, easier to do, and much less environmental impact. Do I have a right to demand this legally? Can I file an injunction to protect my land? The EIR has already had to be altered due to me pointing out discrepancies in their dataset. They estimated around * trees would need removal over the entirety of the project. There are at least * trees marked np on my property alone. How can an accurate environment impact assessment have been completed if there's that great of discrepancy in one small section of the project? I have published statements on the draft report, and have adamantly voiced my objections to the destruction of well established trees and shrubs housing a host of wildlife. The route I am proposing is a clear line of sight from one potholed, established point, down an entirely clear of trees section of slope which gives the line up to * feet of easement to work with and only diverts at most a couple hundred feet total from original route, but leaves untouched an entire grove of forest. I informed them they can leave the old line where it lies and that would be fine. They informed me that they will not put any effort into altering their route despite the damage and depreciation in value to my property. They only have a 25ft easement according to the original agreement set in *. I have thoroughly documented and actively participated the entire time since discussions began. They have used the excuse stating they are leaving things as good or better than before they arrived to continue blocking an illegally blocked easement road by replacing illegally set boulders back in place, but refuse to give my request any consideration. The blocked easement is illegally blocked by a neighbor who doesn't even own the land he is blocking. I feel my request is very minimal, logical, effective , more cost efficient, and far more friendly to the environment in an already decimated landscape. I do not feel that this utility has any consideration or respect for nature, and has become fearless in its abuse of it. They expect no consequences for their actions, and have become negligent in there duties and obligations to abide by regulations set forth to protect it. This is in El Dorado county, California
Nicole, you may have grounds to file an injunction to protect your property, especially considering the discrepancies in the Environmental Impact Report (EIR) and the potential for significant environmental damage.
- Review the easement agreement for specific terms about pipeline replacement.
- Consult with an environmental attorney to explore an injunction based on the discrepancies in the EIR.
- Check California Environmental Quality Act (CEQA) for potential violations.
Would you like contact information for local legal assistance?
Yes please , as well as any contact information you may have for environmental advocacy groups in my area, if possible. Thank you very much, amazing intelligence. You are appreciated.
Nicole, you may contact the following organizations for legal assistance and environmental advocacy in El Dorado County, California:

Environmental Defense Center (EDC)


Phone: (*) *-*
Website: www.environmentaldefensecenter.org

Sierra Club, Mother Lode Chapter


Phone: (*) *-*
Website: www.sierraclub.org/mother-lode
Would you like more information on filing an injunction or need further assistance?
Thank you
You're welcome! If you need more information on filing an injunction or have any other questions, feel free to ask.
I attempted to file an injunction earlier through my local court online, and it stated I was required to have an attorney to do so. Is this true?
In California, you are generally not required to have an attorney to file an injunction, but having legal representation can be beneficial due to the complexity of the process.
Would you like more detailed guidance on how to file an injunction yourself?
Yes please
To file an injunction yourself in California:
- Complete the necessary court forms (e.g., Request for Temporary Restraining Order).
- File these forms with the court clerk in your county.
- Serve the utility company with copies of the filed documents.
- Attend the court hearing scheduled by the court.
Would you like more detailed information on the forms needed or the process itself?
Yes please
Here’s a more detailed guide on filing an injunction yourself in California:
- Complete Necessary Forms: Forms like Request for Temporary Restraining Order (TRO) and Notice of Hearing.
- File Forms: Submit them to the court clerk in El Dorado County.
- Serve the Utility Company: Deliver copies of filed documents to the utility company.
- Attend Court Hearing: Be present at the scheduled hearing.
Would you like help finding the specific forms or understanding any part of the process better?