This has been brought up multiple times, the LIGON MILL thread being the last. Here is the final thoughts on this from a REAL ESTATE agent, based on his expert knowledge and that of his daughter (CPA/Atty/Real Estate agent)
One more time. The property where power lines and sewer lines are located are very seldom owned by the utility companies or municipalities. If they were, they wouldn't be called rights-of-way (plural of right-of-way).
There is a deeded right-of-way clause involved that is part of the property deed, and the agreement is very specific in what either party involved can do with the property in question.
While there is the possibilty that the property owner has actually given permission to someone to use the property for some purpose, he/she may need to re-read his/her right-of-way document and see if that activity is actually legal. It ain't very likely that 4 wheeling activities would be legal judging from the right-of-way agreements on our properties in Orange (NC), Mecklenburg (VA), and Albemarle (VA) counties.
Just to summarize, power companies do not own the land, cannot give permission, which I think was pointed out by both sides on this thread.
Secondly...LAND OWNERS have a deed to the property with a right of way clause that is VERY SPECIFIC on what the ACTUAL land owner can do on that part of their land.
"4x4ing" on the powerline itself (down the trail built BY the power company, etc) is likely a violation of that agreement since it would/could be detrimental to the trail condition.
[In other words big tires churning up the road into a big mud pit makes it harder for the power companies to get thru, THUS, that is a direct violation of the legal right of way granted by the State of NC]
So...private land, written permission, VERY COOL BY US... private land, but riding on "right of way" is not legal...no matter IF the land owner said you could...
I hope that helps to clarify what/why we have always come down AGAINST riding on those here on the board. WE LOVE RIDING ON private land with permission, legally! Heck I am hoping to be at the DPG this coming weekend and that is a great example of permission/legal wheeling working!
Sam