By OBBM Network Editorial Staff

Derived from an episode of Epic Real Estate.

Imagine receiving a notice that strangers will dig dozens of holes on your farm next month, even though the state hasn’t approved the project they’re scouting for. For Jessica Thompson and her husband Chris, that nightmare became reality when a New Jersey utility, PSEG, sued them for refusing a survey of their 50‑acre Frederick County property.

The Legal Roadblocks: Courts Allow Surveys Before State Approval

In June of last year, a federal judge ruled that PSEG could send its crews onto the Thompsons’ land to conduct a survey, despite Maryland’s Public Service Commission having not yet granted a permit for the 67‑mile high‑voltage line. The decision was upheld by a federal appeals court in August, effectively giving the utility a green light to enter private property before any legislative or regulatory go‑ahead.

Attorney Aaron Newell, representing the landowners, warned that the Supreme Court’s eventual ruling could set a nationwide precedent, emphasizing that the judiciary was overstepping its authority.

What the ‘Survey’ Really Entails

PSEG described its survey as “non‑invasive,” yet the map provided to the Thompsons listed 65 holes, each about 18 inches wide and up to two feet deep. When the crew arrived with digging equipment, Jessica Thompson noted, “We’re not around that. It’s like digging equipment. And it’s out of scope of the court order.” The holes are intended to gather data that will feed into the state’s eventual approval process, effectively turning a pre‑approval activity into a de‑facto intrusion.

Maryland law permits a utility to enter private land for surveying only if the entity holds eminent‑domain authority—a power that rests with the government, not a judge. Since the state commission has not yet authorized the line, the landowners argue that the court’s order bypasses that legal requirement.

Who Benefits and Who Pays the Price

The line, selected by PJM—the regional grid operator for 13 states and the District of Columbia—costs $424 million and is touted as a reliability measure for Maryland’s high‑voltage network. PJM and PSEG claim the project is needed to support growing demand from electric vehicles and data centers. However, investigative reporting by the Baltimore Banner indicates the power will primarily flow from Pennsylvania to Northern Virginia, where burgeoning data centers are straining the grid.

Maryland’s Office of People’s Council estimates that households could face an $823 million bill over the next decade, roughly $345 per home, to fund new transmission lines. In effect, Maryland families bear the cost while the line serves out‑of‑state data centers, prompting many landowners to question the fairness of the arrangement.

Practical Impacts on Farmers and Rural Communities

Beyond the legal arguments, the court order imposes real hardships. The judge required PSEG to give a 24‑hour notice before each survey crew entered, yet the notice period stretched from September 29 to October 31—over a month of uncertainty for the Thompsons. During that time, the utility also sought to restrict hunting on the property, demanding landowners obtain permission before using their own deer stands.

Joanne Frederick, who leads the grassroots group Stop MPRP, described the restriction as unreasonable. The prolonged presence of survey crews disrupts daily farm operations, from livestock management to seasonal planting, and raises concerns about safety and liability.

What Landowners Can Do When Served a Survey Notice

Matt Theriault, host of Epic Real Estate and a 20‑year veteran real‑estate investor, advises property owners to treat any survey notice as a three‑step process: the paper, the proof, and the case. First, review the written notice carefully; second, gather evidence of any procedural missteps, such as lack of state approval; and third, consult an attorney experienced in property rights before responding.

Theriault emphasizes that “the landowner’s lawyer says there were other ways, like having a state agency do the surveys or asking lawmakers to make the law clear.” By engaging local representatives and documenting the intrusion, owners can build a stronger challenge to any overreach.

The Supreme Court’s decision, whether to hear the case or not, will reverberate far beyond Maryland. A ruling that upholds the lower courts could empower utilities nationwide to conduct pre‑approval surveys, potentially eroding the constitutional shield of private property. Conversely, a decision that reasserts state primacy could reinforce homeowners’ rights to control access to their land.

As the legal battle unfolds, the Thompsons and their fellow Maryland farmers stand at the forefront of a dispute that pits federal judicial authority against longstanding notions of property ownership. Their outcome may determine whether a farmer’s fence remains a boundary or becomes merely a suggestion for corporate projects.

The full episode of Epic Real Estate is available on OBBM Network TV.