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Cell tower in CR right of way

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March 06, 2017, 11:03
Lisa Peterson
Cell tower in CR right of way
A cell company representative (not a well known company) got on the agenda and made a presentation to my commissioners court last week while I was at a CLE.

He proposes to place a 4' diameter concrete pad with a 120+' steel tower in the right of way of a minor county road (ROW is roughly 6' where he wants to do this).

The commissioner involved said no, basing his answer on road safety, and the representative hotly told him that they are a public utility and can use the easement any way they want to.

Now, I think I can argue transportation safety over utility pretty well. However, this individual mentioned multiple other counties where they have obtained permission.

Has anyone been contacted about this?


Lisa L. Peterson
Nolan County Attorney