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News and comments on community broadband networks, the communities deploying them and the technologies that support them. Published by Denise Frey and Al Bonnyman.

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Tuesday, July 15, 2003


"Private firm seeks eminent domain, after laying cable"

"Private firm seeks eminent domain, after laying cable"

"It's an emotional struggle involving eminent domain - in this case, whether Level 3 should be allowed to secure the power to condemn private property where it already has laid its fiber-optic network."

"The case has raised an unusual question, according to some legal experts. Should Virginia regulators, in effect, give a company such as Level 3 eminent domain powers after Level 3 mistakenly buried its fiber in someone's yard, when it didn't have the proper OK to do so?"

This is another case of a company leasing rights to a right of way (state roads in this case), burying cable and then finding out that their lease was legally flawed. The article by Roger Fillion has all the details.

A week or two ago, I posted a link to a story about the massive litigation against Sprint and others that buried fiber along railroad rights of way.

The moral of the story is that if you are installing fiber cable along a right of way such as a utility line or roadway that's based on an easement rather than outright ownership, make sure the easement agreement with the underlying landowner allows you to install fiber cable without having to negotiate a deal with the landowner, too.


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