Legal Question in Environmental Law in Illinois
Tree trimming on private property by electric utilities
The electric company that provides service to my area wants to trim the trees in my yard to protect their lines. I understand and accept this. Their method of ''trimming'' is to cut limbs and foliage away from the line, so that in five years their lines will still be free and clear. The resulting damage to trees is visually awful, and sometimes kills or makes the tree unstable. I have been told by law enforcement and the electric comp. that there is nothing i can do. I am not opposed to trimming, I am opposed to shaving my trees so severely they no longer resemble plant life. What recourse do I have as a property owner? Would I have to hire an attorney to protect my rights? Do I have any rights? If I do have rights, does the electric company have to notify me of them, or can they keep me in the dark?
Thank you,
--name
1 Answer from Attorneys
Re: Tree trimming on private property by electric utilities
Without the benefit of legal research, my gut tells me that any "trimming" must be reasonable under the circumstances. I would suggest containing the elec. co. (perhaps through an attorney to ensure that the request is paid attention to) and obtaining a "plan" for the purported trimming.
In other words, a discussion with the person doing the trimming as to what he/she plans on doing . . . in detail. If it does not comport with your wishes and, in fact, if it really is unreasonable, then you could seek a temporary restraining order and a preliminary injunction to prevent the cutting until such time as a court rules on the appropriateness of the "trim." Seems like a lot of money for a tree.
-- Kenneth J. Ashman; [email protected]; www.lawyers.com/alo
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