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the need for upgrading, the need to increase the voltage necessary to meet the electrical demands of Rappahannock County, Kuykendall aid. He cited case laws which holds that a utility is not subject to collateral attacks on the wisdown of public improvements. “The court can’t sit in judgement on the needs of the public,” he said, arguing that Potomac Edison, as a public utility, is duty bound to erect and maintain power facilities to meet community needs and is the sole arbiter of those needs.
Without restrictions in the original 1928 deed, Kuykendall concluded, Potomac Edison as “unlimited reasonable use” of the right-ofway across the Cameron property for power transmission, adding that the Camerons knew the power comany held an easement when they acquired the property.
Deed Does Limit
In rebuttal, Konick maintained that the existing right-of-way is determined by the space—both horizontal and vertical—that the power lines have accoupied
93.8%