Legal Question in Civil Litigation in Georgia

Property Damage By Utility Company

Our local electric company during routine vegetation maintenance effectively destroyed a Christmas Tree that was not threatening the lines. They mutilated a maple that they normally trim and prune every 3-5 years. They have admitted fault and offered to remove the trees, replace them with saplings, and pay $500.00. I assume their offer is based on the Constitution of GA Article I Section III Part 1. We find their offer unacceptible.

During negotiations they claimed to have a 40' easement on 2 sides of my property. If this is so, the remainder of my property is 34' x 52'. I was unaware of the extent of the easement when I purchased the property 25 years ago. The lines are not on the county DOT ROW (16' from center). According to the GA DOT what was done would have been prohibited on state roads. I live on a county road and there are no county regulations. I plan to hire a tree appraiser and an attorney and take the matter farther. What are my options? Is it strickly Civil Litigation or does it fall unter Tort? Is there a way of calling for an inverse condemnation since their easement consists of 78% of my property, leaving a space too small for a residence or does a statue of limitation prohibit this?


Asked on 11/11/04, 8:41 pm

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Property Damage By Utility Company

You seem to be confusing some of your issues. I strongly suggest that you retain local counsel. I think you have many questions that could not be answered well based on your posting

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 11/12/04, 9:37 am


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