As part of its continuing efforts to expand its vegetation management rights, International Transmission Company or ITC is contacting property owners in Shelby Township seeking new expanded easements. Following the 2004 black-out caused by a tree interfering with a transmission line in Ohio, the federal government implemented new standards for utility companies. These standards require utility companies to implement a plan to acquire property rights they deem necessary to protect their transmission lines. However, the federal government does not specify exactly what property rights are necessary, leaving this issue to be evaluated by the utilities.
ITC has initiated a series of lawsuits seeking to expand the vegetation management rights on existing easements. ITC filed two phases of lawsuits in Washtenaw County, another phase of lawsuits in Oakland County for the same transmission line, and three waves of cases in the Brownstown/Taylor area in Wayne County. I handled the majority of these cases for property owners who contested the just compensation offered by ITC.
I have now been contacted by property owners in Shelby Township. ITC is seeking to expand their vegetation management rights. It appears that ITC plans to essentially clear these owners’ entire backyards.
When confronted by an ITC taking, it is best to retain counsel. If you would like to read a more detailed summary of many of the issues implicated in these takings, please read this post.