Public / Utility Easements & Rights of Way?

AT&T dug up a 6' x 6' hole in my yard with apparently no permits and definitely no warning or indication to install what appears to be a VRAD or V-RAD box. I have since been in touch with the Mayor and Governor鈥檚 office after which AT&T contacted me. Although they have been [mostly] responsive (sent an Engineer out, the Development Coordinator and an independent survey team) they just don鈥檛 get the picture that I DO NOT want this monstrous box on my lawn!!! I am told though that it is on a public, or utility easement or on a right-of-way. How can this be?!? They certainly do not help me pay my mortgage, how can they have access to part of my land?

Does anyone know the law on this? I mean, I MAY (possibly) understand if it was for electric or gas, but not for television or cable services that will just go to enrich some fat dumb-butts sitting around a conference table thinking 鈥渨ell, let鈥檚 expand our domain in order that I can get that new boat I was thinking about鈥?

I DID find this, but don鈥檛 know if it relates 鈥?鈥淚N THE SUPREME COURT OF TEXAS Cause No. 01-0291 - Marcus Cable Associates, L.P. d/b/a Charter Communications, Inc., Petitioner v. Alan and Myrna Krohn, Respondents, The SUPREME COURT OF TEXAS Ruled: A property owner's right to exclude others from his or her property is recognized as "'one of the most essential sticks in the bundle of rights that are commonly characterized as property.'" AND "We hold that Hill County Electric's easement does not convey the right to string cable-television wires over the Krohns' private property. Nor does section 181.021 confer such a right upon Marcus Cable, because the statute covers only utility easements that are dedicated to public use. Accordingly, we affirm the court of appeals' judgment reversing and remanding this case to the trial court for further proceedings."

According to your additional details it seems like you have a case against it.

Read your property legal description. There may indeed be a public utility easement. They are very common. The fact that you don't "like" the utility structure is irrelevant. If there's an easement, they can do it.

The easement will be be recorded as part of the legal description of your property. If it does not exist, go to court.

uh.....public utility easements pretty much give the utility companies to do whatever they deem necessary to keep the consuming public supplied in a safe and efficent fashion as long as any actual damage done to the propery by way of excavation is repaired.

I really doubt you can win this; NIMBY is not going to work in this case. TV and cable are for what it's worth, just as publically held utilities as the electric and gas companies.

Did you call the city where you live they usually have a lawyer who could answer this i don't know if they can or can't but the city in which you live should be able to determind whether there in the right away or not