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Tree-trimming and Utility Companies 1 Tree-trimming and Utility Companies What is a utility easement? An easement is the right to use part of another’s property for a particular reason. Utility companies have easements across strips of land in order to construct and maintain overhead or underground power lines. The property owner owns the land, but the utility company has a right to enter the strip of land designated as a utility easement . Tree limbs can break during storms and take down power lines. The utility easement allows utility companies to trim trees and branches near power lines to avoid power outages. Xcel Energy, for example, spends more than $20 million on its year-round tree-trimming program in the upper Midwest, trimming trees along more than 8,500 miles of power lines to assist in its efforts to provide reliable and safe electric service.1 What rights does a utility company have to trim trees in my yard or next to my property? Courts recognize the right of utility companies to trim or remove trees within their easement, as long as the work is reasonable and necessary to construct, use, operate, or maintain power lines in the easement area. The ut ility company tries to remove power- line obstructions in a way that minimizes damage to the property the power lines cross. A common complaint is that utility-pruning can be unsightly. Tall trees are somet imes pruned to remove the inner branches that touch power lines, result ing in a deep v-shape in the tree’s crown. The power line goes through the v-shaped area. Even if the result is not aesthetically pleasing, however, the pruning is balanced, and the tree can survive. Can I object to the removal a tree in a utility easement? In a recent court case,2 the Minnesota Supreme Court confirmed that property owners have an interest in the trees on city land in front of their property and standing to sue the utility company that removed a boulevard tree. So, you can object to the tree’s removal. However, the Court also said that your right to object is subordinate to a utilit y company’s right to trim or remove trees to keep power lines clear. The utility company can remove a tree “if the removal was reasonable and necessary to construct, use, operate, or maintain its power lines.”3 What should I do if the tree on my property is touching a power line? An electrical power company will respond to emergency requests to trim trees or limbs that interfere with power lines or pose a safety hazard. However, electrical power companies will generally not trim trees along power lines from ut ility poles to houses, unless there is a safety hazard. The power company will de-energize power lines if their customers hire professional tree-service contractors to trim the tree limbs. Call Xcel Energy’s 24-hour customer service line at 1-800-895-4999 to schedule an appo intment for de-energizing the line to your house. 1 www.xcelenergy.com 2 Miller-Lagro v. Northern States Power Company, 582 N.W.2d 550 (Minn. 1998) 3 Id. at 552.