[ad_1]
Zita planted a 35-year-old Christmas tree on her own plot with her father as a child. The tree was very important to the family, constantly watered and cared for.
“The fir was healthy and beautiful, it created a microclimate on the farm, full of birds that spent the night there and hid from the rain and wind, which brought a lot of joy,” he says.
Therefore, when he saw its pruned branches, the woman was very sad.
Workers cut not only the anterior branches of the cable closest to the house at a height of about 6 meters, but the entire side of the crown reached about 7 meters from the ground.
It is difficult for a woman to understand what may have been bothering her. And most importantly, the tree was pruned without your consent.
Photo from personal file / pruned fir
“It just came to our attention then. I mean, you have my email, my phone, couldn’t you call me, contact me, and talk? If I had needed it, I would have paid to move that cable to the ground or otherwise.” 15 minutes Zita said.
She contacted ESO, which is responsible for the supply and maintenance of electricity. During the consultation, processing was heard to be necessary due to the potential risk. However, such an urgency was strange for the woman, as no fir branches have been touched in the last 35 years.
“I am an environmental specialist, the fir is not planted, because rot is thrown, if necessary, part of the trunk remains in the trunk, work with fir is done only when the temperature does not reach +10,” says Zita .
Upon learning that her acquaintances also had such cases, the woman resorted to 15 minutes phraseology.
The owners did not find the house.
Tomas Kavaliauskas, ESO Public Relations Project Manager 15 minutes He reported that the work had been carried out by ESO contractors who allegedly tried to meet the owner of the house but had not found him at his home multiple times and started the work without his consent.
“The contractors’ working hours are tight, so without finding the owner at home, they began to carry out the work, according to the provisions of the Rules for the protection of the electrical network,” explained T. Kavaliauskas.
However, he emphasized that the owner of the airline, in this case ESO, must properly care for the airline.
“By maintaining overhead power lines, ESO organizes annually the cleaning of the protection areas of the electrical network of trees and shrubs. In accordance with the Power Grid Protection Rules, the power grid protection zone for power lines up to 1 kV is established at a distance of 2 meters along the power lines on both sides of the boundary wires.
Therefore, according to the Special Conditions of Land Use, “without the consent (adjustment) of the owner or administrator of the electrical network for the project or the planned activity, it is prohibited:” to plant, cultivate or cut vegetation ( except shrubs and herbaceous plants) “.
The rules and procedures establish very precisely that the owner of an electric airline must adequately care for the protection areas of the electric airline. In managing the power zones of electric airlines, ESO hires contractors to do these jobs, ”says ESO in the comment.
ESO Photo / Tomas Kavaliauskas
However, according to the registration data submitted to the Zita editorial office, it can be seen that there have been no restrictions for the parcel of land or special conditions of land use mentioned by ESO (in this case relevant to the maintenance of the electrical line). This was also confirmed by the lawyer Saulius Dambrauskas.
Therefore, ESO’s reasons, according to the lawyer, “like a cat that added flour”, are just a formal correspondence to give some excuse.
“First of all, ESO had to make sure that special land use conditions were recorded at the Records Center and only then could it claim certain rights in the maintenance of power grids.”
Inappropriate conduct – formal consent is required
Lawyer S. Dambrauskas emphasizes that such behavior “illustrates ESO’s arbitrariness and is not justified from the point of view of respect for property.” According to him, formal consent is required before you can work in a private place. “
Photo by Marius Vizbaras / 15min / Saulius Dambrauskas
“The rules for the protection of the electrical network stipulate the obligation to notify the owner of such works at least 5 days in advance, so an official notification was necessary,” said S. Dambrauskas. “In this case, the reasons for not having contacts with the owner, not finding them or using the company’s hours are not justified when it comes to respecting human constitutional rights.”
He also emphasized that the owner, even when asked for consent to prune trees in a private area, may not give it. Of course, the owner must take responsibility for the possible negative consequences associated with electrical maintenance.
“But not having the property rights of the owner is a complete Soviet relic,” says the lawyer.
Photo by Tomas Markelevičius / 15min / On the scene
Following the incident, an ESO spokesperson said that he regretted that the contractor was unable to speak to the owner and that a misunderstanding had occurred, and ensured that the contractor should contact the owner and discuss the situation.
Really, 15 minutes After contacting ESO, Zita received a call from the contractors who apologized for cutting the fir in this way and assured them that the workers had not really done so specifically. However, this could not explain why they cut half of the branches from the top of the tree.
Who is responsible for security?
Zita also wonders what to do if an ESO “crippled” tree on her property, which is much more vulnerable to high winds, wet snow and the like after such pruning, breaks and damages its neighbors.
And that will be the case until people begin to defend their property and rights more drastically.
S. Dambrauskas says that in such a case direct responsibility would arise for the owner of the tree.
“However, if the owner, with the help of experts, could prove that the felling of the tree was caused (or increased by damage) due to inadequate pruning by ESO, the owner would have the right to appeal to claim damages and ESO damages later, “he says. he. But he adds that in practice it would be difficult to prove the reason for deforestation.
He believes the example in question is “an unwarranted demonstration of the Soviet mindset in law: we do what we want and, if he doesn’t like it, go to court.” And so it will be until people begin to defend their property and rights more drastically. “
[ad_2]
