Methodology of Determining Scope of Executability of Right of Transmission Easement for Overhead Power Lines

Transmission easement as the basic legal title obtained by entrepreneurs permits the construction and later exploitation of transmission devices in the space of another person’s land property. It also allows for the regulation of unfavorable circumstances; i.e., situations where the devices were constructed without a held legal title to the land. The execution of transmission easement should be implemented in the necessary scope. The methodical and precise determination of its range, therefore, is important, because it also translates into a limitation of the constitutionally-protected ownership right. The scope of executability of the said right (the so-called “area of transmission easement”) in turn affects the amount of compensation payable to the owner of the encumbered land property, defined as compensation for any damage related to the construction and existence of transmission devices in the space of another person’s land property and remuneration for the establishment of the right itself. The objective of the article is to develop a methodology of determining the scope of executability of the right of a transmission easement based on the example of overhead power lines.