(C) The electricity furnished to the immediately adjacent property is not utilized by a subsidiary or affiliate of the corporation or person generating the electricity. (B) The useful thermal output of the facility generating the electricity is not used on the immediately adjacent property for petroleum production or refining. (2) The use of or sale to not more than two other corporations or persons solely for use on the real property on which the electricity is generated or on real property immediately adjacent thereto, unless there is an intervening public street constituting the boundary between the real property on which the electricity is generated and the immediately adjacent property and one or more of the following applies: (A) The real property on which the electricity is generated and the immediately adjacent real property is not under common ownership or control, or that common ownership or control was gained solely for purposes of sale of the electricity so generated and not for other business purposes. (b) “Electrical corporation” does not include a corporation or person employing cogeneration technology or producing power from other than a conventional power source for the generation of electricity solely for any one or more of the following purposes: (1) Its own use or the use of its tenants.
#Public utilities code free
If you have questions about your rights in connection with PUEs – or any other easement or real property questions – feel free to contact our easement attorneys at Schorr Law, APC at (310) 954-1877, by email at or you can contact us here.(a) “Electrical corporation” includes every corporation or person owning, controlling, operating, or managing any electric plant for compensation within this state, except where electricity is generated on or distributed by the producer through private property solely for its own use or the use of its tenants and not for sale or transmission to others. However, to be safe you may want to check the subdivision map recorded with your county recorder’s office.Īre you looking for a property easement disputes attorney Los Angeles? Schorr Law has the top rated real estate lawyers Los Angeles, California. Most PUE’s will be disclosed on a title report. In sum, prior to buying a property, you want to make sure you know what you are buying and that includes finding out about any existing PUEs – and other easements. If you have trees near the PUE or with branches that go into the area the PUE covers, you may come home to find the utility company pruning your trees without your permission – they are generally legally allowed to do that. For example, say there is a 10’ PUE on your property. Now, as a homeowner, the existence of a PUE on your property may restrict your ability to use the portion of the property the easement covers. These rights usually include rights of access, and to erect and maintain the utilities.ĪLSO READ The Difference Between Quiet Title, Easements, and Adverse Possession PUE Affect 3d 300, 313.) In other words, PUEs grant right to utility companies. These easements are not granted to the county instead, the easements are expressly dedicated to the public utility purposes. PUEs, by their express terms, define the class of persons who have an interest or right in the use of the easement, and these easements do not extend rights to the public in general or to the County in particular. PUEs are not granted in the public streets and highways, but are upon the real property purchased by the purchasers of the subdivided lots.
#Public utilities code code
PUEs (in California) arise from the terms of Government Code section 66475. Section 66475 provides that as a condition of approving a subdivision map a local government may require the subdivider to dedicate real property for PUEs. Purpose Of Establishing A Utility Easement Our real estate attorneys have experience dealing with PUEs and the scope of the same. If you own your home, a PUE may explain why you woke up to find an electrician on the utility pole in your backyard without bothering to ask your permission first (that being said, the power company will generally reach out to you before just sending someone to invade your backyard – but, they legally do not have to). Like other easements, a PUE grants certain rights to the owner of the easement.
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