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?
1 Answer from 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
www.macgregorlyon.com
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