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in mind, and the new arrangement will severely diminish the value of their properties.
According to Dominion’s plans, the towers for two new parallel lines will each be about 35 feet from the edge of Dominion’s current right-ofway. Though I am not an expert on transmission lines, I believe that no utility would ever be allowed to, or would even want to, build a 500kV transmission line with 140 to 160 foot high monopoles with only 35 feet of right-of-way clearance from the base of the poles. However, Dominion is obviously assuming that no troubling developments will be allowed near its rights-of-way by the holders of the open space easements. The effect is that Dominion will in fact, if not in law, be using the open space easements beyond 35 feet as extensions of its right-of-way. In the language of the Virginia statute governing open space easements, Dominion will be diverting and converting open space easement to its use. Depending upon the configuration of the power line electromagnetic field, as well as geometric/arithmetic calculations, this diversion/conversion amounts per mile of power line to approximately 25-30 acres taken away from VOF easement and the property of the landowner.
It is extremely important to understand that conservation easements are far different from government regulations and permits that in most cases control use of privately-owned property. Easements are deeds of partial ownership granted to the body that holds them. In Virginia, most such easements are gifts willingly given to an agency of the Commonwealth. Now, the landowners —who still hold primary titles to their
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