Originally Posted By: Dr. Terry
.... Now I'm being told because it was authorized by their third party land acquisition company and not by the power company itself, it doesn't count. ....


I think the key here is the power company has admitted that they hired a third party to act as their agent. I am not an attorney but, it seems pretty clear to me, that the contract is binding as it was their authorized agent that made the deal. If the power company says the agent was not acting on their behalf then isn't the contract void anyway as the power company has no standing or right of way...only the agent does? I have never seen a contract where one party can pick and choose which clauses they are willing to abide by. I would quit being defensive and go offensive. If they kill off the trees, I would get the lawsuit rolling for destruction of property and trespassing (trespassing because not their contract right?). Hmmmm....How much does it cost to buy and replace a big mature tree and have it moved to the property?

Last edited by Bill D.; 05/31/16 09:21 PM.

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