Property Owners Challenge Power Utility Over Unauthorized Tower Installation

Liz Covert and Denis Goudie have filed legal action against the Orcas Power and Light Cooperative (OPALCO) following the installation of a steel utility tower on their property in 2023. The couple contends that the existing easement on their land permits only minor landscaping modifications, not the construction of substantial infrastructure installations. According to their complaint, they received no advance notification of the tower construction project despite it occurring on their private property.

The case centres on the interpretation of easement rights held by utility companies. Covert and Goudie argue that OPALCO exceeded the scope of its legal easement, which they maintain was limited to routine maintenance and minor vegetation management. The couple asserts that a major installation such as a steel transmission tower constitutes a significant alteration of their property rights and should have required explicit prior consent.

The dispute highlights a broader issue regarding infrastructure modernization on private properties. Power utilities frequently undertake system upgrades requiring new or enhanced equipment, while property owners seek to protect their interests and maintain control over major changes to their land. OPALCO has not publicly detailed the necessity or urgency of the tower installation.

The case may establish important precedent regarding utility companies' authority to expand or upgrade infrastructure within existing easement agreements. Legal experts note that easement disputes often turn on whether specific language in historical agreements contemplates modern technological infrastructure and system upgrades.

The outcome could influence how utility companies throughout the region approach infrastructure improvements and communication with affected property owners regarding construction projects within easement areas.