Section 300.30  Negotiation of the Acquisition of a Land Right-of-Way Easement

This Section shall govern the actions of every person acting in behalf of a public utility when negotiating the acquisition of a land right-of-way easement:

a)         At least 14 days prior to the utility initiating telephone or personal contact with the landowner for the purposes of negotiating the acquisition of a land right-of-way easement, the utility representative shall send to the landowner a letter by certified mail return receipt requested containing the information set forth below together with the "Statement of Information from the Illinois Commerce Commission Concerning Acquisition of Rights-of-Way by Illinois Utilities" (attached hereto as APPENDIX A).

b)         The utility representative shall keep and maintain a permanent record of letters sent in compliance with this Section.

c)         The letter sent by the utility representative shall be on that representative's letterhead or on the letterhead of the utility and shall clearly set forth:

1)         The identity, address and telephone number of the utility representative;

2)         The identity of the utility attempting to acquire the land or land rights;

3)         The general purpose of the proposed project;

4)         The type of facility to be constructed;

5)         The general description of the land or land rights the utility seeks to acquire and the type of structures, if any, which the utility seeks to build;

6)         A statement that the utility or its representative seeks to negotiate with the landowner to arrive at a fair and reasonable agreement for such land or land rights; and

7)         An invitation to the landowner to contact the utility representative to arrange a mutually agreeable time for an appointment to further discuss the matter.

d)         If the landowner does not contact the utility representative within two weeks of the mailing of the original letter, that representative may then contact the landowner to attempt to establish a mutually convenient time and date for a meeting to discuss the matter.

e)         Each utility representative shall carry with him/her and show to every landowner contacted an identification card showing the name and address of the contacting person, his/her employer, and a recent picture of such person.  The contacting person shall leave his/her telephone number with the landowner.

f)          Upon the initial personal contact with the landowner, each utility representative shall be prepared to discuss the project for which a land right-of-way is sought in detail, and more specifically inform and advise the landowner in the manner stated, of the following:

1)         By oral statement concerning the reason for the contact, i.e., general purpose of the proposed project, type of facilities to be constructed.

2)         Provide technical information and data surrounding the proposed project. This should include, amongst other things, to the extent then known to the utility, a written statement outlining briefly the purpose of the project, a small scale map and sketches indicating type(s) of facility, approximate location of facilities, compensation and basis for compensation and, if applicable, type of structures, and amount (length and width) of the land right-of-way deemed necessary.  This information shall be left with the landowner for review, along with any agreement or contract proposed by the utility.