A yearslong legal dispute between Ascension Parish and DEMCO over who will pay to move power lines that get in the way of road construction is nearing an end after the Parish Council voted this week to approve a settlement.
The lawsuit concerned the cost of moving utilities for multiple road projects in the parish, like widening and roundabout construction. Dixie Electric Membership Corp. filed the suit in August 2022 when tensions arose between parish officials and the company.
After a closed executive session, the Parish Council agreed to split equally the costs of moving all utilities located within 25 feet of a roadโs centerline.
โAfter three-plus years, I'm glad that we finally reached a very fair deal between DEMCO and Ascension Parish,โ Council Chair Chase Melancon said.
For utilities located farther from a roadโs centerline, from 25 to 30 feet, the parish will pay 65% of the costs to move utilities, instead of 50%. The parish will pay in full for anything beyond 30 feet, he said.
โMost of our utilities are within those 25 feet from the center line of a road or highway,โ he said.
Additionally, Melancon said DEMCO will drop its rider case with the ถถา๕h Public Service Commission. Last year, the company proposed a $5.55 fee for Ascension Parish residents to help cover the cost to move the utilities.
โItโs going to save that $4 or $5 a month for the customers, and it's very fair and equitable between the parish and DEMCO,โ he added.
Attorneys for DEMCO did not immediately respond to a request for comment Friday.
Move Ascension projects
The lawsuit stemmed from road improvements near Prairieville High School as part of the parishโs Move Ascension program, which aims to relieve traffic congestion through various widenings, turn lanes, roundabouts and signalization projects. The program is funded by a mix of federal, state and local taxes and local road impact fees.
Melancon said the estimated combined cost to move the utilities from when the lawsuit began is in the millions of dollars. However, he said he didnโt have a precise figure for what the parish might pay in the settlement.
Both sides have litigated the issue for more than four years. Last year, the parish submitted a partial motion of summary judgment, which is a request for a court to decide specific claims in the case without those claims going to trial. However, a judge denied the request.