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a number oi attorneys to ask it easements could be used to block the powerline. The scenic easement as a means to protect a threatened area, has never really been tested in court, Kuncewicz said he was told. But the attorneys reported of one instance where the highway department voluntarily backed off, because of easements, he said.
One attorney told Kuncewicz that easements, if they had been granted years ago, before the powerline threat, would have made the case against Vepco much stronger. Another said that an easement granted to a state agency wouldn’t usurp the right of the state to condemn the land. Kuncewicz suggested that RLEP find someone to research the legal intent of easements, to see if this option could be pursued further. He added that one of the lawyers he’d talked to had been willing to look into it, for $50 an hour.
PETER KRAMER asked if donating the easement to a federal agency would help prevent the state from condemning the land. Irwin said he didn’t know of a federal agency that could accept it.
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