LUMA Energy says it has the authority to enter private property — even without the homeowner’s consent — to cut down trees and clear vegetation near power lines as part of a sweeping plan to reduce outages across Puerto Rico. The claim has raised questions about the limits of that authority, especially when property owners object.
The private company began its vegetation management efforts in June 2024, aiming to clear 16,000 miles of lines and reduce interruptions by 35–45% by the end of 2026. LUMA is the private company that has operated and managed the electric power transmission and distribution system in Puerto Rico since 2021.
“Even if a homeowner objects to the entry of machinery, LUMA and the government — because this obviously involves PREPA — have the authority to enter and cut down trees, either with machinery or manually,” said political commentator and former legislator Jorge Colberg in early May during the TV program Jugando Pelota Dura.
The Puerto Rico Electric Power Authority (PREPA) holds legal easements — strips of land that run through private property — allowing it to install and maintain poles, power lines, and other infrastructure necessary for electrical service.
Former San Sebastián Mayor Javier Jiménez, who created the Pepino Power Authority during the aftermath of Hurricane María, backed Colberg’s statement, explaining:
“The Authority (PREPA) has the right of easement of passage. It was established to ensure maintenance of the power lines, and it’s essential that these areas remain completely clear.”
However, while LUMA’s authority to access properties under these easements is broad, it is not absolute. If a property owner objects to the company’s entry, LUMA must pursue a legal process to gain access.
This is established under Regulation 7282, issued in 2007, which governs easements for PREPA. If access is denied, LUMA must file a case under Act 140 of 1974, which outlines procedures for resolving disputes related to property boundaries, easement access, and neighborhood conflicts that affect social order.
“There’s a lot of misunderstanding about how easements work,” said Ángel Figueroa Jaramillo, interim president of the Electrical and Irrigation Industry Workers Union (UTIER, in Spanish).
He explained that many utility poles, towers, and power lines run through what are legally designated easements, even though over the years, property owners have expanded their boundaries into those spaces.
“Over time, people have come to believe that these areas belong to them. Some even register them as part of their property, but in fact, they are public utility easements.”
Figueroa Jaramillo noted that while access is typically granted without conflict, homeowners do have legal tools to challenge LUMA’s entry in court.
“When there’s an easement, you’re expected to allow access to the utility services located there. Still, there are legal remedies available to property owners who object.”
“As far as I can remember — with some exceptions — people have generally allowed access,” he said, referring to past vegetation-clearing operations.
He recalled that following Hurricane María, many neighborhoods allowed crews to access “backyard lines” — power lines that run behind houses — and in some cases, even allowed poles to be installed above rooftops or through carports, with the homeowner’s consent.
“We’ve always had access to those easements because we helped build that infrastructure,” Figueroa Jaramillo added. “Yes, there are legal procedures, but I don’t recall them ever being used.”
LUMA: No court cases filed yet
In a written statement to the CPI, LUMA said that in cases where a property owner objects, its Land Management staff contacts the resident to explain the nature of the work, its benefits, and the process.
“If the customer expresses a desire to deny access, LUMA will proceed to use the judicial procedure provided by law,” the company wrote.
However, LUMA clarified that to date, it has not had to go to court to obtain access to any property. When access is denied, the matter is referred to LUMA’s Land and Permits Division for follow-up.
Under Regulation 7282, the work LUMA is authorized to perform includes cutting, trimming, and clearing vegetation as part of the maintenance and operation of electrical infrastructure. The regulation emphasizes that easements exist to ensure the PREPA has reasonable access for maintenance, repair, expansion, and upgrades.
The regulation also prohibits planting trees, climbing plants, or shrubs within easement areas. Even vegetation outside the designated easement that could interfere with overhead lines must not obstruct access. Trees are not allowed in easements, even if they are not currently touching the lines, because they could fall during a storm and damage the electrical system.
“Easements can extend beyond the footprint of equipment installed in them — across the full width of the designated zone,” LUMA noted.
Federal and local oversight still applies
On May 16, U.S. Secretary of Energy Chris Wright signed an order requiring PREPA to conduct vegetation management, including clearing rights-of-way, for key transmission infrastructure.
LUMA also claims that it does not require permits from government agencies to carry out this work.
“According to the 2023 Joint Permits Regulation, PREPA/LUMA is the only agency exempt from permit requirements for vegetation management,” according to the order.
However, the Federal Emergency Management Agency (FEMA) requires compliance with applicable environmental laws to approve funding. In an April 2024 press release, LUMA acknowledged this obligation:
“We must prioritize environmental conservation to protect Puerto Rico’s unique ecosystems and habitats. This includes working with certified arborists and environmental experts to conduct detailed assessments.”
LUMA added that it complies with all relevant local and federal laws, including FEMA regulations and protocols from the Puerto Rico Department of Natural and Environmental Resources and the U.S. Fish and Wildlife Service.
Pepino Power didn’t face resistance
Jiménez recalled that while operating the Pepino Power Authority after Hurricane María, his team never had to take legal action to access private land.
“I never heard of a problem with that. With the power issues we’ve had, people just wanted the service restored.”
He emphasized that even when vegetation isn’t yet in contact with power lines, pruning and clearing are necessary because fallen trees can easily cause outages.
“There shouldn’t be any trees under power lines. Even if they’re not touching the lines now, a hurricane could bring them down and take the lines with them.”
He explained that while entry is usually coordinated with residents, easements exist on either side of power lines.
“You often have to go through a neighbor’s yard to reach the area where the work will be done, especially when heavy trucks are involved.”
Conclusion
While LUMA and PREPA hold legal easement rights that allow access to private land for vegetation management, property owners can object and force the company to seek court authorization. Though the legal framework clearly supports utility access, it does not grant unconditional entry.
Therefore, the statement that “even if a homeowner objects, LUMA and the government have the authority to enter and cut down trees” is TRUE, BUT… — because it is accurate, but not absolute, and requires legal steps when access is denied.
This translation was generated with the assistance of AI and thoroughly reviewed by our editorial team to ensure accuracy and clarity..
