I Live In Michigan, Out In A Rural Area Outside Of City Limits. Is Power Company Allowed To Drive On My Flower Beds Just Because They Feel Like It Even If They Aren't Doing Any Work In The Area?

Location: Northern Michigan

I've lived at my current address a few years. The standard overhead power lines run along the road along the front of my property line. There are no power poles on my property. I've planted around 10 feet from the power lines. I planted a flower bed there, all low growing plants, nothing that will exceed 48". There are no underground lines other than my gas line, the gas main is on the other side of the street. Last year, the power poles on the left side of my property and the right side of my property were replaced and the work was fully done from the shoulder of the road. The electric lines are poorly maintained, a quarter mile up the road, a tree has been lying on the line over the road for over a year now. There are multiple dead trees on the lines.

This year, I put a flower bed in along the property because I assumed it would be safe for awhile as both power poles on either adjacent property were just replaced and they needed no property access to do either. I planted low growing plants that will recover if driven on in the event some unprecedented emergency occurs.

Here's where things get weird. There is a power company employee that frequently parks at the corner, gets on a 4 wheeler and drives through my flower beds. The first couple of times, I thought maybe they were surveying or something. But, it keeps happening. The other day, he parked his truck in my driveway and just sat there. There is a 10 foot wide open expanse of lawn that I've left for the snowmobilers who drive under the power lines in winter. There is no reason to use the flower beds specifically.

It happened again yesterday that he drove through my flower beds. I called my power company to ask what work was being done near me and they asked me to describe the truck and trailer. They stated that he shouldn't be there and should be doing work at a pole half a mile away. While I was on the call, I also asked for my property to be added to the 'no spray' list for herbicide. They typically spray every three-five years to prevent tree seedlings from growing up under the power lines. She added my name to the list, but told me it may be too late because a special request had been submitted to have my property sprayed. I offered to send photos of the property mowed to avoid the spray. She told me that the date he was sitting in his truck in my driveway, that he noted that he had given me a postcard to notify me that if I didn't mow that my yard would be sprayed with herbicide. It is literally a mulched flower bed. Grass is mowed on the same schedule as the neighbors. He never got out of his truck to give me this alleged notice.

Keep in mind, there are literal dead trees lying on the lines in this guys same work area.

NOW, I know they have a legal right to drive over that right of way when they are doing work. But, do they have the legal right to drive over it every couple weeks when they aren't even doing work in the area and there is no planned future work? The dispatcher I spoke with sounded really concerned that he was there, so maybe they will address it.

But, if he keeps doing it, do I have any legal recourse if he is just ruining my plants for fun?