cell tower leases on farm land

bcassidy · Postby **bcassidy** » Tue Oct 30, 2007 6:47 pm

Does anyone know anything about cell tower leases on farms. I was contacted about putting a cell tower on our horse property for leasing to a major cellular providor, there is a significant dead spot in their network close to our property and a major highway. The school in town is going to turn down the deal for fear of radio waves on the health of the children. We are the best location for the tower. Any help greatly appreciated.

Jolene · Postby **Jolene** » Tue Oct 30, 2007 7:13 pm

I do know a woman up the road from us who allowed a cell tower to be built in her cow pasture. Oh, it's a hideous eyesore, but it paid her a substantial amount of money and none of her neighbors blame her for taking it. :lol:

It does emit quite a buzz, but it was also built atleast 5 years ago...probably more. Perhaps they are less noisy now.

hemphill · Postby **hemphill** » Wed Oct 31, 2007 3:55 am

Its a tough decision because they are such an eyesore, but I would go ahead and sign the lease and take the money. My reasoning for this comes from a farmer's experience here in my part of Ohio. He decided he didn't want a tower behind his house because he didn't want to have to look at it everyday and he thought his neighbors would be mad. The cell company then built it on his neighbor's land across the road, directly in front of the first farmer's house. So, he still sees it everyday, but he gets no money.
The old towers had guy wires and take a lot of room, so make sure this will be free standing. If taller than 200 feet, the FAA makes them put a light on it. I don't know if it has to be a strobe light.
Be prepared for upset neighbors, but local zoning laws don't have jurisdiction over cell towers, at least here in Ohio.
Just some quick thoughts.
Rick

Rick · Postby **Rick** » Wed Oct 31, 2007 10:14 am

Take the money. Had some friends that the phone company wanted to put on the back of their propery. They turned it down because of the eyesore. Their neighbors then took the tower on their property. The tower is less that 20 feet from my friends propery . They still wound up with the eyesore and nop money for it.

madelyn · Postby **madelyn** » Wed Oct 31, 2007 10:44 am

Echoing the sentiments of others here, you will likely have to LOOK at a tower regardless, you might as well get paid for it. You might want to negotiate, though, that they FENCE around it, and of course they will probably want access across your land periodically. So perhaps you could put a clause in the contract regarding ensuring that they close any gates they open, not leave any of their equipment in your field, etc., that anything they bring is inside the fenced enclosure.

Morningside · Postby **Morningside** » Wed Oct 31, 2007 11:09 am

definitely take the money. you'll have to see it regardless...

Cathyleabo · Postby **Cathyleabo** » Wed Oct 31, 2007 11:39 am

Take the money, just make sure that they are putting a good fence around it. I could just imagine trying to keep my kids and animals off of it!

jellac · Postby **jellac** » Wed Oct 31, 2007 11:39 am

Echoing also what everyone else has said above - take the money BUT with regard to

Its a tough decision because they are such an eyesore

you might have some (a few) options with regard to appearance, subject of course to further negotiation.

Cell Towers throughout greater Los Angeles are almost unnoticible as they are built to look like palm trees. In WinterPark Colorado the cell towers are made to look very much like Ponderosa pines. In both these instances it is hard to distinguish from the real thing unless you are told in advance about the fakes and are looking for them. Here in my 'historic' late 1800's/early 1900's neighborhood a huge local protest went up against a proposed cell tower and a compromise was reached where the same site was used (within a commercial block) but the tower was made to closely resemble a bell tower or campanile. (It may even emit recorded bell ringings at certain times of the day- not sure about that.).
I would note that in the local neighborhood case the tower is rather short and our reception in this neighborhood is intermittently 'OK' to 'poor'.

Cell tower company may have a legitimate business need for tower of a certain height that would make this sort of faux tree/whatever idea not work in your case. Also, Keep in mind that when you ask for consideration like this it is a give and take negotiation - you may be asked to give up some of the income or the damages payment up front and if you get too stuck on limits like "No higher than 'X' and "Must look like a blue spruce...." you may yet have them erect the tower on neighbor's property b/c they're more reasonable and now you're back at the "still have the eyesore and no income" place discussed above. You may also get a short, tree-like tower on your property only to have a different cell tower company erect a taller eye-sore tower across the road/fence-line on your neighbor's property. I've seen many an instance of as many as three different towers in close proximity to one another as I've driven across country.

Good luck!

Arctic Cielo · Postby **Arctic Cielo** » Wed Oct 31, 2007 11:40 am

A friend has 2 of them on his farm and gets paid nearly $2000 a month. Not sure if the situation would be the same, but take the money and run. And like the others said, you'll probably have to look at it regardless if you take the offer or not. Everyone can use a little extra cash.

Rokeby Forever · Postby **Rokeby Forever** » Wed Oct 31, 2007 12:13 pm

You might want to check with a Realtor you trust, to determine if it is a plus or minus selling/land value factor. You never know.

A friend of mine had a hard time selling her luxury property (when the market was red hot) with gorgeous ocean views because of cell towers nearby, but not even on her property. She ended up taking a couple hundred grand less than nearby comps with no views of ocean, but no views of cell towers either.

Farm land people might be concerned with what affects it might have on livestock, children, crops, etc., not to mention having strangers have to have access to your land anytime they deemed it necessary.

Lots of +'s and -'s to weigh.

casallc · Postby **casallc** » Wed Oct 31, 2007 12:44 pm

I have a cell tower on some property I own - I wish I could get some more. That 1/2 acre makes more money than any crop (legal) or livestock. They fenced everything well, even their ingress route. It is an asset as far as value. My lease is only 10 years, I can live with that.

kimberley mine · Postby **kimberley mine** » Wed Oct 31, 2007 9:12 pm

If you say yes, you might consider adding to the contract that they build/maintain access to the tower. It might be just a dirt driveway, but if it is a choice between having separate access or a truck driving through your field of weanlings, I think both sides would prefer separate access. Less liability for both.

casallc · Postby **casallc** » Thu Nov 01, 2007 6:58 am

kimberley mine wrote:If you say yes, you might consider adding to the contract that they build/maintain access to the tower. It might be just a dirt driveway, but if it is a choice between having separate access or a truck driving through your field of weanlings, I think both sides would prefer separate access. Less liability for both.

They usually do that, anyway.