Dec 03, 2008 - 04:05:27 CST
AT&T says it legally buried cable in North Dakota road ditches, and it's asking a federal judge to throw out a lawsuit that accuses the telecommunications giant of trampling on private property rights."Defendants constructed and installed their fiber optic and/or other telecommunications cable on property throughout the state of North Dakota under proper authority and as a matter of right," attorneys for At&T said in their response to the lawsuit filed last fall by Dickinson-area rancher Don Gerber.
The lawsuit against AT&T Corp. and AT&T Communications-East Inc. contends AT&T did not obtain the proper permission from North Dakota landowners when it laid underground cable on private property, including land for which state, county or township governments have easements for roads.
AT&T says it legally obtained government permission to use public rights-of-way for its cable, and that the action "did not constitute a taking of private property for public use requiring payment of compensation."
Gerber's lawsuit says AT&T should have made agreements with landowners because it knew the state or political subdivisions had no ownership right in the land. AT&T's attorneys argue the use of public rights-of-way was within the scope of the easements it obtained.
Gerber's lawsuit also alleges that AT&T trespassed on private land and put signs on that land threatening prosecution of anyone who disturbs the cable. AT&T denies that it trespassed and says the signs notify people of state law involving excavation in areas of underground cables.
Gerber's lawsuit asks a judge to declare that AT&T has no rights to the property in question and seeks more than $75,000 in damages, a minimum set by the court.
Gerber's attorneys also want the judge to grant the lawsuit class action status, meaning it could involve hundreds of state residents. AT&T says the lawsuit does not meet the requirements for a class action.
Neither the lawsuit nor AT&T's response specify the amount of North Dakota land with buried AT&T cable.
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