Pittsfield Township homeowners contest tree removal beneath power line
Taking a cue from the artist Christo, some Pittsfield Township residents have wrapped a row of trees in yellow caution tape, hoping to save them from a chainsaw.
Signs stapled to wooden guides for the caution tape admonish the power line’s owner, ITC Holdings, not to cut them down.
Caution tape and poles surround a row of arborvitaes scheduled to be cut down beneath a power line.
Ronald Ahrens for AnnArbor.com
But putting a barrier around the sentinel row of arborvitaes that give year-round privacy to the residents’ yards may ultimately prove futile in the face of ITC’s mandate to avoid power outages.
ITC notified residents of the impending tree removal Nov. 16, said Cheryl Wasson, who has lived in her home on the east side of Beech Drive for 15 years. A company employee went door-to-door hanging tags with the announcement. Trees are usually cut down within a few weeks after notices are delivered.
The arborvitaes, which have closely compressed scale-like leaves and make a dense, tall hedge, were planted with the mid-1980s creation of the Farmview Estates subdivision. Lots on the east side of Beech Drive back up beneath the power line and are bounded by neighboring Helen Avenue, which has houses only on its own east side. This is a critical stretch of the power line, with two support towers.
Some ornamental conifers such as blue spruce, along with deciduous shade trees, will also be removed from within the easement that extends 58 feet from the 120-kilovolt line.
As it presses ahead, ITC cites the big picture.
“We are sensitive to the feelings of property owners who do not want to see trees removed,” wrote ITC spokeswoman Louise Beller in a statement. “However, the safety of homeowners and the reliability of the transmission system are our top priorities. Power outages are inconvenient, costly and potentially dangerous. In this instance, we are within our rights of way as set forth in the relevant utility easement.”
The possibility of arcing current that would knock the power lines out of action is the primary concern, even when trees don’t reach directly into the lines themselves, according to a company brochure that is reproduced online. The 15-foot-tall arborvitaes reach about halfway up to the nearest lines.
Since the monumental power outage of August 2003 affected the eastern part of the country, federal regulators have implemented a zero-outage requirement. Fines of $1 million per day can be levied against the transmission service in event of noncompliance.
A sign begs ITC to spare the trees.
Ronald Ahrens for AnnArbor.com
“We’re not a bunch of tree-huggers,” Gedert said. “The last thing I want is to see somebody get electrocuted in my back yard.”
Gedert owns a rental house on the east side of Beech and lives in another house on the west side of the street.
“If you want to take a foot or two off the top, knock yourselves out,” he said.
Wasson agreed, “We’re not frivolous. But we can’t imagine being here without these trees. They’re our little bit of comfort.”
She fears being left with a row of ugly stumps. ITC does not remove stumps after felling trees.
Pittsfield Township officials have been contacted about the issue.
“We are making all efforts to resolve this to the satisfaction of our residents,” Supervisor Mandy Grewal said.
Ronald Ahrens is a freelance writer for AnnArbor.com. Reach the news desk at news@annarbor.com or 734-623-2530.
Comments
tdw
Tue, Dec 8, 2009 : 8:49 a.m.
Exactly.My point is that you're already paying.If they did'nt cut would your bill be less?I don't think so.So where would that money go?
hotroddad
Tue, Dec 8, 2009 : 8:42 a.m.
It don't cost them anything if you read they pass the cost to you.
cinnabar7071
Mon, Dec 7, 2009 : 5:06 p.m.
hotroddad They paid Bill Reiney $10,200, because at the time ITC didn't have a legal easement past 5 feet, and Reiney tried to use that agaist them, and failed in court. Like i said read your deed when you buy a home, I got $5K knocked off the price of my home because of the easement, and the trees I could someday lose. I Havn't lost the trees yet, but I also understand they don't belong to me, and ITC could come in any day they want and cut them down.
tdw
Mon, Dec 7, 2009 : 4:16 p.m.
ITC is in bussiness to make a profit.Why would they spend any money to trim or remove trees if it was not in their best interest?
Thick Candy Shell
Mon, Dec 7, 2009 : 3:14 p.m.
The law is clear, you may believe you have additional rights, but from every dealing I have dealt with, if they need it, or even believe they need it, they win and they should. I wish they were more aggressive, I am tired of loosing power! My preference for many of the lines would be to move them underground, but I know that is a long way off.
hotroddad
Mon, Dec 7, 2009 : 3:08 p.m.
Look at the photo as you can see no trees are under wires Helen road is under wires so they have full access to easement. The trees have been at full mature height for 15 years and wires never get close not within 20-30 feet even on the hottest days I have lived in neighborhood for 40 years. if you looked before you spoke you can see trees only come to bottom section of tower. You can also see that Ellsworth In background the stop sign is half as tall as trees how much taller is a semi than that. If the lines saged 25 feet they would fall into each other as there are multiple lines on each tower. As for the easement they are individually negotiated. and as such differ There is a copy posted at those houses. and it clearly states utility will replace buildings, fences and crops and also compensate property owner for damage. utilities have the right to use not destroy. The township got 100.00 per tower because they had to posses the land under the tower however only paid 1.00 for the easement in the whole rest of the township because they don't posses the land. Easement is quite clear they can't do what they are trying to do. Why did they pay Bill Reiney 10,200 if they didn't have to or if they weren't going beyond the scope of his easement. is ITC giving away free money?
treetowncartel
Mon, Dec 7, 2009 : 2:58 p.m.
Exactly thick candy, you don't get a monopoly with out a few minor obligations.
Thick Candy Shell
Mon, Dec 7, 2009 : 2:53 p.m.
Thank You YpsiLivin, I didn't have time to find that in the code. People do not grasp the fact that the utilities have a legal responsibility to assure service.
YpsiLivin
Mon, Dec 7, 2009 : 1:47 p.m.
MCL 50.190 (d): 560.190 Public utility easements. Sec. 190. (d) The public utilities shall have the right to trim or remove trees that interfere with their use of easements. Note that the law says "interfere with their use of easements." The law doesn't say that the trees must be interfering with the provision of service before they're subject to removal, but rather just that the trees must be interfering with the utility's use of the easement. Further, the utility is under no obligation to replace any trees, plants, shrubs, etc. that it removes from the easement, or compensate the owner for any type of loss because the removal for the purpose of maintaining the easement is not considered "damage."
cinnabar7071
Mon, Dec 7, 2009 : 1:28 p.m.
hotroddad The lines can sag up to 25 feet on a hot, high load day, so the trees are a problem. I also have transmission lines that run at the back of my property, and just had my trees trimmed. the right of way on my property gives the power company rights to trim and remove trees up to 35 feet away, and the right to trim trees out to 70 feet. Before you buy a home, make sure you have a clue as to what you are buying. And hotroddad I am negative when people play dumb, and don't care if the people around them lose power, It's fine if I lose power, but what about somebody on a breathing machine. Screw them, is that how you think?
hill77
Mon, Dec 7, 2009 : 1:18 p.m.
Thank you for covering this story and facilitating discussion. As the posting at the back of these homes, in effect, states that ITC must replace anything they damage, if ITC were to cut down the trees they would need to replace them with trees of equal value. If the replanted trees are smaller (to avoid any question of potential interaction with the power lines), then more trees would need to be planted to attain the equivalent monetary value. Attaining equal aesthetic value is a more challenging task because the beauty of elder trees is very difficult to match with younger trees.
tdw
Mon, Dec 7, 2009 : 12:58 p.m.
I don't think they cut down trees wiily-nilly.My neighbor has a pine at least 30ft tall very close to the lines.They came through a few weeks ago and just trimed the branches that were near the lines
hotroddad
Mon, Dec 7, 2009 : 12:02 p.m.
yes they do but only 2 3 feet depending on how close the towers are. not 20 - 30 feet to the top of the evergreens. If they did then any truck passing under these wire would be in danger. as these trees are no taller than some semis and these wires go over I-94, Ellsworth and washtenaw clark and all around st joes. Not to mention the 2 story homes between packard and washtenaw.
Lester
Mon, Dec 7, 2009 : 11:30 a.m.
@hotroddad Transmission lines will sag when they are heavily loaded. This can be seen during the summer on especially hot and humid days. If the line sags to a point where it nears a grounded object (such as vegetation) a fault will occur. This was a major contributing factor for the blackout of 2003, and other regional blackouts in recent history.
hotroddad
Mon, Dec 7, 2009 : 11:07 a.m.
no its an easement between pittsfield twp an detriot edison. a right of way is what the railroad or road commision gets to lay track or roads and take over property. I have a read it and it states they must replace anything they damage. go read it for yourself its posted at the back of these homes it reads that power company can cut or trim any trees that can fall or potentially fall onto the wire. How does this apply to evergreens that are 20 feet from wire. these lots are only 80-90 feet deep. In places easement go's directly over houses try to enter one of those houses and tell the owner its public property while your sitting at his kitchen table.
Thick Candy Shell
Mon, Dec 7, 2009 : 10:47 a.m.
Sorry, you are incorrect on that. If it is the Right-of-Way, which it appears this is, they have not only no responsibility to restore it, they actually have the right and usually responsibility to clear it if there is an obstruction. If it is an easement, there is no problem removing anything and all they are required to do is provide an erosion proof surface.
treetowncartel
Mon, Dec 7, 2009 : 10:23 a.m.
I wonder why anyone would want to live so close to power lines of this type. I would be worried about stray voltage, plus it has to hurt property value too.
hotroddad
Mon, Dec 7, 2009 : 10:17 a.m.
Its the other way round it is the home owners property they maintain it and most importantly pay taxes on it. The easement gives utility companies the right to enter property to access lines or under ground plumbing and sewer. In most cases easement says utility has to return property to the state they found it as its NOT their property. They only are allowed to use it for access. It is NOT public property.
Thick Candy Shell
Mon, Dec 7, 2009 : 10:05 a.m.
The power company needs no eminent domain as they have a right-of-way or easement to their lines. Either way they have the right to a clear cut access path. It always makes me wonder why didn't the owners plant it on their own property? Oh, I know, they wanted exclusive access to public property!
hotroddad
Mon, Dec 7, 2009 : 9:54 a.m.
obviously first 2 commenters didn't read the article these are transmission lines not supply lines. if you look at the picture those are arborvitae they ARE full grown and 15 -20 feet below power lines if I remember physics trees fall down not up? why cut trees that can never be a problem. Who will reimberse the home owners for 20k -30k decrease in property value and damage. These houses back up to a street. Does cinnabar want to buy one I have read all your post your a pretty negative person so sad for you. owning one of those homes would give you a reason.
mi4198
Mon, Dec 7, 2009 : 9:46 a.m.
didn't a tree need to be cut down to make the sign?
C6
Mon, Dec 7, 2009 : 9:32 a.m.
I don't see how 15 foot tall trees represent any present or future hazard in the long term to power lines that are at the closest 30 feet above the ground. If any arcing were to occur, the pathway to "ground" would be a lot shorter around supporting insulators to the steel supporting towers or to adjacent supported lines, than it would be through 15 feet of open air to reach the top of a live tree. It seems ITC considers itself to have been given a license to clear-cut around the lines it maintains, which is unreasonable. So is cutting down any tree necessary, without also removing the stump.
unclemercy
Mon, Dec 7, 2009 : 9:26 a.m.
what would riney do?
Wolverine3660
Mon, Dec 7, 2009 : 9:12 a.m.
I agree, these property owners need to have their power shut off for a week at least. We were without power from in the week without Christmas of 2008 and Jan 2nd 2009, becasue some property owners' trees grew into power lines. those 7 days without power were extremely trying. These tree-hugging property owners dont realise that their trees can cause havoc with the power delivery system. I wonder if the company can use the eminent domain legal theory,and just chop down ever tree, regardless of what the property owner's desires are.
cinnabar7071
Mon, Dec 7, 2009 : 8:19 a.m.
Shut the power off for about a week, then go back and talk about the trees.