West Fork Creek · Landowner rights · October 16, 2026
Survey Stakes on Your Property Without Permission? You May Have a Trespass Claim.
You walk onto your property and find survey stakes marking a proposed transmission line.
Nobody called. Nobody asked your permission. You signed no agreement allowing a crew onto your land.
For owners affected by Entergy’s proposed West Fork Creek transmission project, this concern has already surfaced publicly. Reporting on the October 1 forum in Jena describes owners finding stakes without advance notice. Entergy representative Larry Hand acknowledged concerns about staking property without permission. Those reports warrant examination of what happened on each affected tract.
An unauthorized entry onto your property can support a claim for trespass damages. You do not have to wait for a transmission line to be built before investigating your rights.
A survey stake is a reason to ask questions immediately: Who entered? Who sent them? What authority did they claim? What work did they perform?
“We’re surveying” does not answer every question
Survey access requires careful examination of the law and the property records.
Louisiana’s criminal-trespass statute contains a provision allowing professional land surveyors and their authorized personnel to enter property for qualifying survey work unless specifically forbidden by an authorized person, orally or in writing. Existing servitudes, agreements, and court orders may also affect access rights. See La. R.S. 14:63(F)(1).
That means finding stakes without having signed a permission form does not automatically establish an unlawful entry. But a company cannot resolve the issue merely by calling its activities “surveying.”
The inquiry includes whether the crew qualified for the claimed authority, whether entry had been forbidden, whether an existing servitude covered the location and activity, and whether the crew exceeded the scope of any permission or other lawful access.
Permission to conduct limited work also does not necessarily authorize clearing trees, damaging fences, driving across crops, or performing additional work.
Trespass damages can extend beyond visible damage
A property owner should not assume there is no claim simply because the crew left no deep ruts or broken fence.
In Hirstius v. BellSouth Telecommunications, a Louisiana appellate court affirmed a trespass award involving unauthorized utility equipment on private property. Although the trial court found no physical property damage from the trespass, its award considered the unauthorized use, inconvenience, invasion of privacy, and mental suffering supported by the evidence. The dispute involved installed equipment rather than temporary survey stakes, but it illustrates why visible destruction is not the only relevant consideration.
Depending on the facts and supporting proof, a claim may involve restoration expenses, damage to crops or improvements, loss of use, inconvenience, or other legally recoverable harm. There is no automatic payment schedule for each stake or entry.
Preserve the evidence before it disappears
If you discover unexplained stakes, flags, paint, or evidence of crew activity:
- Photograph the markers, identifying numbers, surrounding property, and any damage.
- Record when you discovered them and when the area was last inspected.
- Preserve security footage, letters, text messages, and communications with project representatives.
- Identify witnesses, vehicles, contractors, and company names where possible.
- Gather your deed, surveys, existing servitudes, and any access agreements.
- Preserve evidence of any earlier refusal of access or restrictions you communicated.
Document the markers before disturbing anything. Some survey monuments have legal significance, and their purpose should be identified before removal.
Request a written explanation of the authority claimed for entry. Have any proposed permission form, payment agreement, or release reviewed before signing it.
Your rights deserve attention now
An entry that has already occurred raises questions distinct from whether Entergy may eventually acquire a transmission servitude.
For affected owners, the immediate task is to establish what happened and preserve the evidence needed to evaluate it.
If crews entered or staked your property without your permission, contact Winch Law Firm for a review of the entry, the authority claimed, and any resulting damages. Bring photographs, correspondence, and any documents concerning access to your land. Call 504-500-1899 or request a property-rights consultation.