1997

Hise v. Barc Elec. Coop.

Supreme Court of Virginia

254 Va. 341, 492 S.E.2d 154

Barc had a 7,000-volt electric powerline on a 30-foot prescriptive easement over the property of Hise. Barc brought a condemnation proceeding to acquire an easement to erect larger poles for a 46,000-volt line. Following that action, Barc built the new poles and transferred the lines. For a number of years, Barc had also granted the use of the old poles to Virginia Telephone Company and Bath Cable TV, Inc., to install their lines. Hise filed suit to remove the old poles and to enjoin the telephone and cable companies from transferring their lines to the new poles. Trial court found easement to be 30 feet wide and allowed the transfer of the additional lines and removal of the old poles. Barc argued that it had an exclusive easement in gross which gave it the right of apportionment, or the sole right to determine the uses made of it. Hise argued that the language of the eminent domain proceeding gave them the right to use the right of way for any purpose not inconsistent with the rights sought to be condemned. Hise said this made the easement nonexclusive. Supreme Court ruled that as Hise had acquiesced in the other companies’ use of the easement for over 16 years, Barc had an exclusive easement in gross with apportionability. Judgment affirmed.

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