Q: Above ground propane tank is below SDGE electrical lines with easement. Please see details below.
I have a quick legal question and would like your opinion. We live in Fallbrook, CA with big lots and open space but a fire zone. Unfortunately, we need to be on propane tank system. The tank is below SDGE electrical lines. Last November they mailed a letter saying it needs to be moved. I’m fine moving it but at their cost. The original tank was installed during the 1970s and may have been replaced in 2003 after a fire. There’s no accurate records available.
The tank location was approved as is whenever the work was completed. I got an estimate for the move about $2,500.00 not a lot but if SDGE needs it moved for their liability, I think they should cover the cost. Your thoughts?
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A:
Under California law, the responsibility for moving the propane tank generally depends on the terms of the easement and the specific circumstances surrounding the installation of the tank and the power lines. Since the tank was originally installed in the 1970s and possibly replaced in 2003, it is important to determine if the location was approved by relevant authorities and if there were any changes in regulations or easement terms since then.
If SDGE (San Diego Gas & Electric) is requiring the tank to be moved for their operational needs or safety, they may be responsible for covering the cost, especially if the tank was in compliance with regulations at the time of installation. It would be beneficial to review any correspondence, agreements, or approvals from when the tank was initially installed or replaced. Additionally, reviewing the letter from SDGE and any easement documents will provide insight into their liability and responsibilities.
Consulting with a legal expert in property or easement law can provide more tailored advice, but based on the general principles, it seems reasonable to request that SDGE cover the relocation cost, particularly since the tank's placement was initially approved and has been in place for many years without issue. You could present this argument to SDGE, emphasizing the historical compliance and the financial burden of the relocation.
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