Latest:

April 5, 2012 - The IURC  has issued a revised set of vegetation management rules - changes to their rules about how trees can be trimmed.  Our Rules page here contains links to the revised rule.

New Events = Please come
There are also two very important events coming up that you are urged to attend and have your voice heard. On Saturday May 19th, 2012, 9am - 12pm there will be a community meeting to preview the changes proposed by the IURC ruling above. And Thursday May 24th, 2012, 6pm to ??? the IURC will be having a final public hearing - your last chance to add your input to the process. For more information, locations maps etc. of these events visit our events page.

Facts:

Safe, reliable electric power matters to all of us. Electric Utilities, like all businesses, like to keep costs down.

Property Owners have rights guaranteed by the Constitution. Trees on private property, or in easements, remain the property of the Landowner. Trees in Cities - like Indianapolis - Right-of-Way (ROW) fall under the control of the Parks Department, which can authorize their trimming or removal.

Problems:

Placement of power poles next to ROW lines commonly requires trimming or removing trees standing on private property, not in a ROW, causing loss and damage to the property not in ROW and possibly the to the property value.

IPL (an AES company) —at least—has declared the “right to enter upon, and trim or remove trees from private property, at their discretion, to protect their equipment”, without obtaining permission from or being obligated to compensate property owners.

Property owners are commonly unaware of where Easement, or ROW boundaries exist on their property, and what their rights are in those areas.

Utilities are powerful. Accountability is minimal or very expensive (in court).

Solutions:

- Utility "tariff" language overriding property rights must be rescinded.

- Empower the IURC/OUCC, giving them dispute resolution powers and the ability to fine a utility and/or award damages when appropriate.

-  Empower, and require, the IURC to review and approve new line routes, before they are installed, or upgraded.

-  Ban the use of Prescriptive Easements by electric utilities.

- Require electric utilities to allow customers to hire their choice of qualified tree trimming companies.

- Require utilities to disclose their easements in a publicly accessible database such as public GISs (Geographic Information Systems) like IndianaMap.org, County Assessor's, and other public GISs.

- Require full disclosure of Right of Way and Easement boundaries, with land use restrictions, at all real estate sales.

-  Reform the process of notifying the public of IURC Hearings.

- Property owners should study their surveys carefully, and know where they have rights.

Proper, legal easement rights must be obtained for all areas where trimming needs to be   done. Compensation for lost vegetation, or loss of use of property must be paid at appraised values. Free replacement with acceptable platings must be an option offered to property owners at utilities’ expense.

The viability of burying all power lines should be studied and pursued.