Thirteen years ago I terminated AEP’s utility easement to my small farm after numerous breechings of their easement agreement. The easement termination was recorded by the Allen County Recorder’s office in 2003. All money given to the original land owner was also returned to AEP. It stood uncontested for 13 years.
This year, AEP filed for a permanent injunction against my land. During the June 30 hearing by Judge David Cheney, he would not permit any questions regarding the validity of AEP’s alleged easement or my termination of such. He ignored all evidence and stated, since I had no attorney to speak for me, anything I said in his court room was of no issue. The AEP attorney wrote up the Final Judgment for the Permanent Injunction, and the judge signed it.
Is this legal?
Aug. 3rd, early morning, I return home to find an army of AEP/Asplundh workers and sheriff cars surrounding my farm. They had both ends of my drive blocked, so I could not enter my property to unload my feed. Only 10 pencil size limbs were touching the power lines, which needed trimming. They spent 13 hours on my farm devastating my property. They cut down most of my mature trees, regardless where they were on my property including four buckeye saplings.
It appears there are no laws protecting “we the people.” This Judge appears to be above the law. This is what can happen to the property owners of Allen County, who sold utility easement leases to their land for the wind generation lines. The judge can steal your land from you too. Terminate your easement agreements now before it is too late!
— Brenda Hawk, Elida