UPDATE The plan to bury underground access cables to support a new cell tower in Nelsonville, NY has been stymied by an unsupportive judge, reports the Highland Current. Homeland Towers first proposed the cemetery site as the host location for a 95-foot cell tower several years ago. Legal jostling, however, has kept the project from moving forward. The last time Inside Towers reported on the fate of the proposed cell tower, a decision had been handed down declaring that the troublesome matter of the access road was a state, not a federal concern.
Putnam County Supreme Court Judge Thomas Davis declared a victory for tower opponents basing his decision on specific wording in the deed. Although Homeland was granted permission to build the cell tower in 2020, problems with constructing an access road to the tower have kept the project from completion.
Davis ruled that Homeland can work on its access road, “a right-of-way in common with others over lands,” but cannot dig trenches and bury cables under the road. The judge based his decision on a 1959 case that “included only the right of passage over the surface of the land.” Written remarks from the judge make it clear that he is aware that without the underground cabling, the cell tower will be inoperable, according to the Highland Current.
“This court is not persuaded that the public’s general desire for better cell phone coverage outweighs the real property rights of individuals,” stated Davis, brushing aside arguments that a cell tower would benefit first responders. Davis also dismissed Homeland’s assertion that financial compensation would be given to affected homeowners. Homeowners have “vested rights,” he said, “over which Homeland has a limited right to pass for ingress and egress, and cannot be compensated with money damages.”
A May court date has been ordered for further discussion.
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