# Hives on a utility easement problems



## Vance G (Jan 6, 2011)

Set them out of sight right off the easement.


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## Agis Apiaries (Jul 22, 2014)

No way to get them out of sight. The right-of-way is stripped of all trees to protect the pipes, so it is wide open, hence the reason it would be a good place for them. They patrol the right-of-way daily by aircraft. We have already been in communication with them about the issue but they don't want hives there. We've tried to explain to them that the bees don't just swarm out of hives and chase people, this is not an Alfred Hitchcock movie.


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## odfrank (May 13, 2002)

When I run into that kind of resistance and ignorance I turn tail and seek a better opportunity, whether it be a large entity or private party.


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## RAK (May 2, 2010)

Sign a release form. Give them some honey.


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## jwdeeming (Apr 22, 2014)

We have an easement through the back of our place that is quite large - maintenance roads on both sides of an irrigation canal. We have a copy of the easement document that was put in place long before we bought the property. It specifically states no permanent structures but a hive would be an interesting question - arguably not permanent. I have found in the past the ditch company is very reasonable and cooperative when talking with them about issues. They even email me in advance prior to any spraying (thankfully no pesticides, only herbicides which they provide the names of in advance). Maybe you could invite them out for a tour of your apiary and offer to close up or move any hives that would hinder any particular activity. The only potential issue I could see is if they needed to mow around the hives. Some bees don't take kindly to machinery...


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## stan.vick (Dec 19, 2010)

Since it's along side of your property, I would find out the exact footage of the easement, and measure it to see if they are in compliance. Hopefully you can claim they have infringed into your property by a few feet, I would place the hives in a single row on the very edge of the area. Put up a line of "survey" sticks with red flags on them. Maybe your measurement is right, maybe not, but I don't think they'll spend the money or time to fight you. I would not give them notice, they may just look at the survey stakes and let it go. If they raise hell, what have you lost.


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## Barry Digman (May 21, 2003)

This may be helpful:

http://www.westharbour.org/documents/PipelineFAQ.pdf

If it's an actual easement it's probably on someone's property, possibly yours. Depending on the agreement you may be able to still use it. I'm allowed to put stuff on a pipeline easement through my property but can't build on it.


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## AndrewoftheEast (Mar 29, 2015)

I would guess that you just need to find the right guy at the pipeline company to talk to. Do they have a PR department? Phrases like "huge, brand new federal initiative" or "mounting worldwide environmental awareness of pollinators" etc in the right ear would surely get you a red carpet. Pals at local news media like the town paper maybe wanna state how sensitive the nice pipeline folks are? Like that maybe much nicer than surveyors and lawyers kinda thing.


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## Honey-4-All (Dec 19, 2008)

Not a lawyer and do not want to play one on BS. 

1. If the property is yours they have an easement. They do not own it. You as well as they are subject to the easement. What does it say? Since bees are Ag as ag can be I'm unsure why anyone is even asking this if the same clowns do not "forbid" cows on the parcel or similarly "eased" parcels. 

If its your land put them on. In the meanwhile get a copy of the deed and easement and do a little study on case law in Colorado regarding pipeline easements. Must be dozens of them out their in your state alone. If their lawyer contacts you toss back a couple of cases that lean in your favor. 

I had a case like this with kinder morgan a few years back. Not my land. Moved the bees out when the line went in and when the fill dirt fell back in the bees went back right on top right where they were before the pipeline went in.

If they get you to stay of now you will create precedence with them. One you will have a hard time changing later.


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## Agis Apiaries (Jul 22, 2014)

Honey-4-All said:


> I had a case like this with kinder morgan a few years back. Not my land. Moved the bees out when the line went in and when the fill dirt fell back in the bees went back right on top right where they were before the pipeline went in.


Kinder Morgan on this one as well. I got a call from them a bit ago and they came out with their local operations guy. They were pretty firm against the hives so I asked them what they do when their pipe runs across a cattle ranch and they need to work where the cattle were at. They thought for a moment and then said they would call the rancher a few days ahead of time, and they would put up temporary fencing to keep the cattle back. I asked them what the difference was? My cattle are just small and if they call me ahead of time, I'll just move the hives until they were done.

Looks like they have decided the hives wouldn't be such a big problem if I was willing to move them if needed.


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## jwdeeming (Apr 22, 2014)

Awesome. Handled perfectly!


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## Honey-4-All (Dec 19, 2008)

A win win where the lawyers loose is always best.


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## Tim KS (May 9, 2014)

I have an easement (50') with two 12" buried pipelines (gas) that run across my farm. The pipeline co. has asked me to not deep till more than 2" over the lines because the line are shallow (9" in spots). Hah! That's worth about $300 per acre to me (three acres)...they agreed to pay yearly. However, they are so anal about structures, trees, or work being done near the line that I've stay clear of them to avoid problems.

In the written agreement, I stated that I want to plant a cover crop (clover) over the pipelines and they are okay with that......my hives are about a quarter mile from the easement.  

Most pipeline companies are a pita to deal with.


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## JHill (Sep 27, 2013)

I work for a pipeline co. The only issue I see is if the have to mow next to the hives. A bat wing bush hog can get them stirred up some.


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