Dirt dug up in yard due to AT&T

If your front yard has a utility easement thru it, your hosed.  A friend of mine had one in his back yard and he had a a hole covered with plywood and orange tape around it for about 2 months while AT&T was installing fiber for U-verse.  They put a splice pedistal in his yard where the hole was once done.

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@Akhennessey wrote:
AT&T illegally installed two pedestals@ in my neighbor's 150-year-old family private cemetery without getting her permission--which would not have been granted! She has tried for months to get a response from AT &T --they just pass her on to other departments. Arrogant @&$)(/;-s!

She has sent their head office notice that if they don't remove the pedestals by May 1, she'll have a contractor do it and leave the pedestals at the curb for the next garbage collection.

Is your neighbor sure that no utility easement exists?  If there is a utility easement in place, no permission is needed.

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@Akhennessey wrote:
@AT&T illegally installed two pedestals in my neighbor's 150-year-old family private cemetery without getting her permission--which would not have been granted! She has tried for months to get a response from AT &T --they just pass her on to other departments. Arrogant @&$)(/;-s!

She has sent their head office notice that if they don't remove the pedestals by May 1, she'll have a contractor do it and leave the pedestals at the curb for the next garbage collection.

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It would behove your neighbor to go to city hall to see if there is any sort of utility easement on her property.  I'd be shocked if a company as big as ATT just placed a large and very expensive piece of equipment without making sure they had the right to do so.  That's what engineers are for.

Speaking of equipment, she'd best not touch the two pedestals until she finds out if they were, in fact, placed illegally.  If ATT did their due diligence and she removes them, then she will be liable for any damages...and it will be expensive.

Please post again after May 1 and keep us apprised of the situation. 

If it were me I would file a complaint with the BBB and the FCC and then call out a local TV station

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@shoe wrote:

If it were me I would file a complaint with the BBB and the FCC and then call out a local TV station

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Why?  You know that no utility easement exists on the property?

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@Akhennessey wrote:
See Texas Statute 711.035(d): Consent of cemetery organization is required prior to placement of utilities or a thoroughfare on cemetery property.

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Did the OP say that the cemetery was in Texas?

No, but the OP registered from Texas and said it was a Neighbor's Family Cemetary.  The odds are.

If there is an easement recorded on the deed, then I doubt this section applies.  Nor would it apply if the "family" has not gone through the process outlined in the previous section "§ 711.034"

Update on AT&T trespass on cemetery:  

1.  Texas law forbids any utility from entering upon or doing anything on a private family cemetery without the express permission of the cemetery manager. AT&T didn't request permission and it would not have been granted. 

2.  There is a utility easement line drawn on a1986 plat of an adjacent development; its developer illegally sold about 2/3 of cemetery land to adjacent propertyowners. That plat was invalidated by a 1990 summary judgment that:

    a.  Required removal of all neighbors' fences and personal property and restoration of the cemetery's original boundaries;

    b.  Prohibited use of any of the cemetery property for any purpose other than for burial of human remains.

3.  The cemetery manager has contacted the HOA president, who is arranging for a new plat in which the 1986 utility easement lines are to be removed.

4.   The cemetery manager has also told all AT&T contractors she found on cemetery property to leave and not to come back or they will be arrested for trespassing.  So far, they have complied.  

The family have done everything necessary.  The cemetery has a Texas historical monument dedication sign and is a registered cemetery.  Has been a cemetery since 1857, when the first member of the family was buried there. The latest burial was in 2007. It comes well within the scope of the Texas Health & Safety Act provisions for private family cemeteries.

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@Akhennessey wrote:

The family have done everything necessary.  The cemetery has a Texas historical monument dedication sign and is a registered cemetery.  Has been a cemetery since 1857, when the first member of the family was buried there. The latest burial was in 2007. It comes well within the scope of the Texas Health & Safety Act provisions for private family cemeteries.

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So is ATT taking the 2 pedestals out as stated in your earlier post or is the matter being taken to court?

This is like "Poltergeist: Texas Version".