SEWALL’S POINT — Sewall’s Point resident Sherman Allen just assumed Florida Power & Light Co. had the authority to bury a 13,000-volt distribution line on his property 4 ½ years ago, but a Martin County court has decided the company was less than candid with Allen and ruled the power line must go.

In late 2002, FPL obtained a permit from the Town of Sewall’s Point to use a drainage easement along Allen’s property to bury a power line it was running under the St. Lucie River from Stuart as a second, alternative power source for the town in emergencies.

Once the approximately $425,000 project made landfall in Sewall’s Point in 2004, the company began burying the heavy line and 8-inch conduit on Allen’s property.

However, according to Martin County Circuit Judge Elizabeth Metzger’s findings, FPL “was aware that a utility easement did not exist on the property at the time the project was commenced … and never formally asked Allen if FPL could use the property for the project.”

Though Allen was aware the easement was for drainage only, he did not object “because he was continuously told by FPL it had permission to proceed with the project on the property,” Metzger wrote.

“He didn’t say anything,” said Allen’s attorney, Robert Summers. “He believed them (FPL) and respected their authority. They were very polite, very matter of fact about their right to use his property. He never thought to question them. But they misused their authority,” Summers said.

After unsuccessful attempts to negotiate a resolution, Allen filed suit in circuit court last year to have the power line removed.

“He isn’t a greedy man; he wasn’t looking for money,” Summers said. “He just wanted it off his land.”

After a two-day trial in early February, the court ruled that though it was virtually impossible to remove the conduit, FPL’s distribution line must be disconnected and removed from Allen’s property “immediately.”

For its part, FPL attorney Robert Scanlan said Tuesday the company based its decision to proceed with the project on the permit issued by Sewall’s Point and Allen’s failure to object throughout the construction.

The company was still reviewing the court’s order and had not yet decided whether to appeal or remove the cable, Scanlan said.

Should FPL decide to stand by the court’s ruling, however, the cable will have to be removed and a new river crossing made. Relocating the cable would have no impact on the town’s electrical service, Scanlan said
- Jim Mayfield

Tags: appeals, author, court, emergency, Florida, FPL, judge, man, money, property, trial, utility

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