A24—Lancaster Farming, Saturday, February 9,1980
Electric dispute
(Continued
not think it proper to pay for
the use of the nght-of-way
land. They say they are
doing the utility a favor
keeping noxious weeds out.
But Chris Allen, natural
resources director of Penn
sylvania Farmers'
Association, pointed out the
utility holds legal title to the
land and can charge rent if it
desires.
Unlike many other
utilities, PE purchases land
its lines cross rather than
simply obtaining easements.
More serious is the
question of bow PE deter
mines the value of farmland.
“A Class II soil in Mon
tgomery County probably is
not as productive as Class II
in Chester County,” Kulp
pointed out. “And a Lan-
caster County Class HI soil
may produce more than the
Montgomery County Class
fl.”
Kulp said Chester Far
mers’ Association members
also questionJhe precident
set by the PEHfate structure.
They fear aft rents in the
area will riseio the level PE
is asking.
“Farms that are covered
by a covenant such as Act
515 or 319 have smaller
expenses so* right-of-way
charges on such land should
be less,” Kulp said.
Thomas W. Clime,
Supervisor of Property
Management for PE, ad
mitted the? system of
charging rent based on soil
class bad its |jjtfalls.
He said tMfigures were
arrived at taking the
average figures PE had been
offered on epen bids for
farmland and. then reducmg
them.
“We were trying to get a
half-way decent method of
arriving at a true value of
the land,” Chine said.
He said PE’s figures were
drawn from areas where
they had put land up for rent.
He said one farm they put up
for bids had a high bid of $6B
per acre for Class I and II
land.
He said the rates PE asked
in its letter were “a basis to
start off.
“The rate is negotiable,”
he said.
Several fanners voicet
the fear that someone els<
would farm a stnp of land
across the middle of their
farm.
Clime said PE’s
preference always is for the
property owner to farm the
land. He said PE had, in the
past, allowed a landowner
with a lower bid but a good
record of maintaining the
land to continue farming the
land.
He also said PE would
take a farmer’s word if the
farmer maintained the land
under the lines was really
Class 111 rather than Class II
and would charge the lower
rate
“The rates mentioned in
our letter are only to
establish a base,” Clime
said
The utility is not so flexible
on the 30-day lease farmers
are asked to sign
Kulp pointed out the
financial problems a farmer
could encounter if the utility
tore up crops shortly after
planting
Farmers also voiced
concern that the financial
tiurden of damage rests on
them
PK >-aid it would refund
our reni It is little help to a
farmer with s‘"-i an re
from Page Al)
invested to get $35 back for
his crop,” Kulp said.
PE is unwilling to change
the 30-day lease. Clime said
it is in the form PE uses.
“I believe Pennsylvania
law says the farmer has the
right by law to harvest his
crops. We try to give as
much notice as possible.
Usually we try to give six
month’s notice both m
writing and in the field,” he
said.
“Crop damage is a tough
one,” he admitted.
He maintained PE has a
good record and said they
try to avoid any damage to
crops.
He said if a farmer had
rented a 10 acre plot and a
truck drove through, the
truck probably would not
damage more than a acre’s
worth of crops.
But he said PE would
forgive the entire
agreement, not just the rent
on the damaged land.
PE representatives have
been in the field to talk to
farmers. And they attended
a meeting a few weeks back
in Montgomery County
Ginny Thornburgh
boasts Pa. agriculture
BY SHEILA MELLER
HARRISBURG - Ginny
Thornburgh lent a helping
hand to the Pennsylvania
Department of Agriculture’s
new promotional push for
the state’s farm and food
products on Wednesday.
As part of the tack-off
ceremonies for “Penn
sylvania Agriculture
We’re Growing Better”
campaign, the Governor’s
wife and PDA Secretary
Penrose Hallowed visited
the Weis Markets store
located off Progress Avenue
m Harrisburg.
The new logo was clearly
visible as the state officials
and everyday customers
entered the store. This was
the first time any store had
actually used the logo on
Pennsylvania produce since
it was introduced at the
Farm Show in January.
“I am pleased that
retailers are now using the
logo to promote the sale of
state products,” said Mrs.
Thornburgh. “For too long,
Pennsylvania agriculture
has suffered at the expense
of aggressive promotional
campaigns in other states.”
“The importance of
buying our state’s products
should not be overlooked,”
she added. “By buying
Pennsylvania, we will be
creating additional jobs on
our farms and in our food
processing plants. We will
also help revitalize fallow
farmlands by creating new
markets for our products
and conserve energy by
FREEDOM
TO
M ~i|
■ 'i ;
where the problem was
discussed.
But the Chester County
farmers are not placated.
“Let them mow the
weeds,” was how one farmer
felt.
A number of growers said
they feel they should be
allowed to farm the land free
of charge.
“We are paying from both
ends. The farmer is a big
user of electricity and pays
high rates. Now they want us
to pay high rents for the
land,” he said.
“We want to get this
resolved,” Kulp said. But as
President of the Chester
County Farmers’
Association, his advice to
farmers is: sit tight.
“I say we shouldn’t pay
rent,” he said. “The next
move is up to PE.”
Responded PE’s Clime,
“We’re willing to' talk to
anybody. We are working on
different rates.
“We are not changing our
policies, but we prefer to see
property used by the ad
joining property owner,” he
said.
Both sides can anticipate
the issue coming to a head
soon. Spring plowing and
planting is less than two
months away.
reducing transportation
distances.”
Mrs. Thornburgh noted the
new logo can be a sign for the
consumer that the product
they are buying has the
mark of quality. “Most
people don’t realize that you
can buy Pennsylvania let
tuce in the middle of
February,” she said, holding
up a bag of hot house lettuce
grown in Montour County.
With Secretary Hallowell,
Mrs. Thornburgh and
several officials from Weis
Markets loaded a grocery
cart with foods grown or
processed in the Keystone
State. Potatoes, apples,
lettuce, turnips, mushrooms,
bacon, pretzels, macaroni,
eggs, and other grocery
goodies filled the cart to the
run.
The Weis Markets vice
president, Micheal Rheam,
was on hand for the kick-off
ceremonies, along with the
director of perishable
merchandise, George
Michalak, and director of
consumer services, Carol
Ernst.
According to James
Sumner, PDA’s director of
the Bureau of Markets, the
department has set a goal of
September to have the logo
incorporated into the food
Let Us Know
Your Service Problems
HOOVER
DIESEL SERVICE
PH 717-656-6133
2998 West Newport Rd
Rorks PA 17572
How right-of-way dispute
developed over years
CAMP HILL - Much of
the ill-feelmg over the nght
of-way agreements
presented by Philadelphia
Electric can be traced back
50 years or more.
At that time, PE was
purchasing land for tran
smission lines. Agreements
were signed with the farmer
landowners for the purchase
of the land.
In the agreement was a
clause saying the current
owner of the farm could
farm that land rent-free for
as long as he held the
property.
But 50 years is a long tune.
For the most part the
agreements were forgotten.
Then, in the early 19705,
utilities, including PE were
faced with higher costs and
the need to request rate
increases from the Public
Utility Commission. Con
sumers opposed . the rate
increases.
Both consumers and
utilities recognized the land
under utility right-of-way
lines as a potential for m-
products system. PDA is
working through the Grocers
Association, Food Mer
chants Association, and the
Food Processors
Association.
“We have about a half
million labels on the press
right now to go on Penn
sylvania products,” Sumner
added. “We are also printing
up aluminum signs for
farmers to use at fanners’
markets and at roadside
farm stores.”
The bureau director said
PDA wants to be out front
with this promotional
campaign to let the con
sumer know that m Penn
sylvania, “ we’re growing
better”.
come. The decision was
made to charge rent.
Farmers who had been
using the land rent-free for
years were shocked.
According to Chris Allen,
director of natural resources
for Pennsylvania Farmers’
Association, present day
owners don’t have a legal leg
to stand on. PE owns the
ground. PE can do what it
pleases with the ground.
“A lot of the new lan
downers were not even
aware of the requirements.
Most people looking at a title
search see the overhead
lines and regard them as an
easement,” he explained.
PE’s Thomas W. Clime,
Supervisor of Property
Management, said it has
always been PE’s policy to
attempt to buy the land its
lines cross.
Clime pointed out most
present day owners do not
have a right to farm the
land.
“It is a licensed
agreement, a form of per
mission. It is not a right,” he
said. /
He added the licensed
agreement might not show
up in farmers’ deeds.
When the question of
ownership was made clear to
farmers back around 1975,
PE pushed its claim to
future rents.
In many ways the
agreement presented today
for fanners to sign was
similar to that offered in
1975.
PCNNSYIVANIA AGRICULTURE
WE’RE GROWING BETTER
“There was no way we
could council a farmer to
sign that agreement,” Allen
said.
So the question died down.
A number of farmers paid
rent for the land they used.
Some paid rent for a while
and then stoped. Others used
the land right along.
Farmers today still voice
the conviction the original
agreement, allowing the
farm owner to farm the land
rent-free, was a covenant.
They say the agreement
should not change until and
unless the land use changes.
Others have said they feel
PE is just waiting around for
the ongmal landowner to die
so PE can start charging
rent.
Still others say the amougr>
of money charged for reric''
while significant to fanners,
will make an insignificant
dent in PE’s income.
Today the sides are
looking at different aspects
of the same questions. PE
sees its legal right as a
landowner. Farmers see the
tradition of rent-free land
along right-of-way.
A court settlement, which
probably would be in PE’s
favor, would be bad public
relations for the firm.
Farmers probably have ths
most to gain by hammering
the subject out again over;
conference table.
The result will affet
farmers across the lowf
part of Pennsylvania ar
mto Maryland. CH
o
e