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Transmission Rights Row
[Regarding “Transmission Rights Row,” by Arnold Tesh and Deborah Haskell, March 2008]: While technological advances and the development of fiber optic communications was not foreseen by utilities companies when they executed easement agreements for transmission rights of way, the tremendous escalation of land values, especially near some metropolitan areas, may not have been foreseen by the easement grantors. With the land encumbered, the only way to gain benefit from what otherwise would be increased property value had the land not been encumbered, is to share in commercial benefit derived from the additional usage through fiber optics, which is not addressed in existing right of way agreements.
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