Safety Tip

Information or laws that you’re unaware of can get you in big trouble. A common misconception about right-of-way easements for utility companies is that they are public property. They’re not. The utility company must obtain the easement from the land owner so that they are able to furnish their customers with power or gas. An easement is a legally obtained document between the company and the land owner giving the utility company the right to enter the property at will. Although the property continues to belong to the land owner the company has legal rights to perform maintenance, drive through just to check on matters or to set up power poles or boxes. For anyone other than the land owner and the utility company the property is still private property. The land owner can take a person to court after finding him trespassing on the property without specific permission. In addition, stiff fines and penalties can be put on the trespasser by the utility company, through the court system.

Once the easement is plowed and the poles and wires are in place the utility company maintains the entire strip of land to keep trees and undergrowth away from the power lines. Even though the maintenance is done by the utility company the land owner still holds full rights to post “no trespassing” signs and to prosecute those who ignore the signs.

Some hunters like stalking these easements because it’s a good clearing, often right through the woods, in which to spot wild game. Not only is this illegal but it’s very dangerous to those who maintain the easement. All-terrain vehicle owners also love the easements because usually limbs and tall brush have been removed yet the terrain remains rough and fun for riding. Trespassers have been known to camp, party, picnic or simply sunbathe in the clearing. Legally, though, only the owner and the utility company have a right to be on the property.

Although the area is maintained it’s never a good idea to play or ride near power lines. For this reason alone it’s wise not to trespass on easements and right-of-ways. Knowing the law and how it pertains to easements will keep you safe while avoiding legal mishaps.

ya right, try and enforce it. the sherrif just laughs,and says what ya want me to do,meanwhile the trespassers tear down signs and gates,like no one is gonna tell them what to do.

we have been hunting using and recreating on these lands for generations...and now you outta staters move here, buy land, and think youll close it off to us......lol...good luck silly boys

DONALD CREESE wrote:

we have been hunting using and recreating on these lands for generations...and now you outta staters move here, buy land, and think youll close it off to us......lol...good luck silly boys

It doesnt matter how long you have been doing it, its still trespassing.Call the Bonniville office and ask them! Just because you do it and always have dont make it legal.

DONALD CREESE wrote:

we have been hunting using and recreating on these lands for generations...and now you outta staters move here, buy land, and think youll close it off to us......lol...good luck silly boys

This "silly boy outta stater" as you call us. Great grandparents homesteaded Montana! Anyone native or not has a right to buy land and fence it.They are not obliged to let you play, hunt or whatever on their property so that you can sue them later first time someone gets hurt.

DONALD CREESE wrote:

we have been hunting using and recreating on these lands for generations...and now you outta staters move here, buy land, and think youll close it off to us......lol...good luck silly boys

So by using this backwards logic,i should be able to walk into the building on the corner in town,that was our bank for many years,and is now Wheat Montana,and insist on opening a checking acount? Laws are Laws,and nobody is above them. If the land meant so much to you,maybe you should have bought it ?If i dont want anyone partying,and whooping it up on my land that i hold the deed for,thats my right,native or not. which by the way im not...

Having just went through all of this with Bonniville Power I tell you for a fact that Scott is right. If its posted private land then Bonniville only has and easement.It is not open to the public and you can and will be prosecuted for trespassing.