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Land USA LLC v. Georgia Power Co.

A power company lacked a valid and enforceable easement over the property where its power line was constructed.

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Appellant Land USA, LLC “Land USA” filed suit against Georgia Power Company “Georgia Power” for quiet title, trespass, and ejectment, challenging the validity of an easement Georgia Power claimed on property owned by Land USA in Fulton County, Georgia. Finding that Georgia Power had a valid easement, the Fulton County Superior Court granted Georgia Power’s motion for summary judgment on all counts. Land USA filed a timely appeal to this Court. For the reasons discussed below, we affirm the order of the trial court in part and reverse and remand to the trial court in part for further action consistent with this opinion.

The underlying facts are not in dispute. In 2009, the Georgia Department of Transportation “GDOT” began a road-widening project which required Georgia Power to update and relocate an electrical transmission line Georgia Power had maintained along Donald Lee Hollowell Parkway since the 1960s. Seeking to clarify its rights with respect to maintaining the electric line, Georgia Power sought an easement from L. J. Fuller, the owner of a piece of property the “Property” abutting the parkway.1 Among other things, Georgia Power sought to explicitly prohibit Fuller and any future owner of the Property from building structures within 25 feet of the electrical line’s center. Fuller, however, was behind on his property taxes and, on March 3, 2009, the Fulton County Sheriff sold the Property at a tax sale to Investga.com, LLC “Investga”. On April 22, 2009, Investga recorded a tax deed on the Property. Although aware of the tax sale, Georgia Power continued to negotiate the easement with Fuller.

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