Landowner Easements

Document Sample
Landowner Easements Powered By Docstoc

                                                                                           Clay Rural Water System Inc

                                                                                           Wakonda SD 57073
                                                                                           30376 SD Hwy 19

Clay Rural Water System Inc
30376 SD Hwy 19
Wakonda SD 57073-6416
This facility is operated in accordance
with U.S. Department of Agriculture
policy, which prohibits discrimination on
the basis of race, color, sex, age,
handicap, religion, or national origin.
  T Y P I C AL T R E N C H I N S T A L L A T I O N

I NTRODUCTION                                                W HAT     IS THE     T ERM    OF THE      E ASEMENT?              C O M P E N S AT I O N

The Clay Rural Water System relies on right-of-way           The Clay RW is asking the land-                                   As a non-profit corporation, Clay RW simply does not
easements for placement of the majority of its’ pipeline.    owner for a perpetual or unlimited                                have the resources to purchase easements from land-
The cooperation of landowners in granting easements is       (term) easement. For as long as we                                owners. Additionally, many of the State and Federal
a great benefit to the water system, reducing the overall    have facilities on the land, we must                              agencies that provide financing to rural water systems,
cost of operations. This brochure contains information on    have the ability to access the land                               do not allow use of their funds for purchasing easements.
granting easements, easement conditions and compen-          and do what is necessary to oper-                                 In certain instances, Clay RW does provide compensa-
sation.                                                      ate and maintain the facilities.                                  tion for crop damage. If a landowner granting an ease-
The Clay Rural Water System recognizes and respects          The investment we make in place-                                  ment is not a member or is a member who granted an
your rights as a private property owner. We will work to     ment of pipeline is significant. If we were to                    easement for previous construction, they will be compen-
treat all landowners equally, fairly and with respect. We    put a time limit on the easement, we could face signifi-          sated for crop damage. Crop damage is calculated as the
will strive to be responsible tenants of the landowner.      cant costs to vacate the land and relocate the pipeline.          actual loss of crop for the affected area of construction. If
                                                             Our members would be required to bear those costs.                a member is receiving water for the first time and is
W H AT   I S AN   E AS E M E N T ?                                                                                             granting easements on multiple parcels of property, they
                                                                                                                               will be required to “donate” the parcel adjacent to the
                                                             W H O M U S T G R AN T       AN    E ASEM ENT?                    location where they will be receiving water and will be
An easement is simply a formal document                                                                                        paid crop damage for the other parcels.
a landowner provides Clay Rural Water,                       Clay RW policies require anyone who has signed up to
granting the utility the right to place pipe-                become a member and receive water service, must grant             I N S T AL L AT I O N , D AM A G E S , C L E A N U P
line or appurtenances to that pipeline on                    an easement on the property they wish to receive water
their land. Easements are generally re-                      service. If a member owns multiple pieces of property
stricted to 1) the placement and 2) the                      that pipeline may cross, they are only required to grant          PVC pipe is used for pipeline
operation and maintenance of these facili-                   an easement for the parcel where they will receive water          and is installed by excavators,
ties. The easement is recorded in the Register of Deeds      service. The easement must be signed by anyone with               backhoes or trenchers, depend-
Office in the county where it was granted.                   an interest in the deed.                                          ing on the size of the pipeline.
The easement is typically 30’ in width, and for main pipe-                                                                     If an outside contractor is used
lines, parallels the fence or property line. For service     REFUSING        TO   G RANT      AN   E AS E M E N T              to install the pipe, they are required to warranty the pipe-
lines, it typically takes the most direct route from the                                                                       line and installation for one year. Clay RW assumes re-
mainline to the metering point.                                                                                                sponsibility after this point. If Clay RW crews install the
                                                             At Clay RW, we certainly respect the landowner’s right to         pipeline, we assume responsibility immediately after in-
                                                             have the final say as to whether they want our facilities         stallation.
W H AT   WILL THE      E ASEMENT       BE USED FOR?          located on their property. If an easement is refused we
                                                             will reroute the pipeline.                                        The pipeline is backfilled after installation and a small
                                                                                                                               berm is typically left on top of the pipeline to allow for
When a landowner grants Clay RWS permission to place                                                                           natural settling. Due to the number of miles of pipe in-
pipeline or appurtenances on their land, the easement is     USE    OF   P UBLIC R IGHT- OF- W AY                              stalled compaction is not practical. This also applies to
restricted solely to activities which are normal, reason-                                                                      seeding of yards. After installation, normal weather cy-
able and customary for the placement and operation of a                                                                        cles allow the trench to settle. If the pipeline was installed
                                                             The primary reason Clay RW wishes to locate their facili-
water distribution system.                                                                                                     by an outside contractor, they will return and reshape the
                                                             ties in private right-of-way is the possibility that the public
                                                             right-of-way may be improved in the future. These im-             trench. If Clay RW installed the pipeline, the same main-
WHO    WILL BE      G RANTED         THE   E ASEMENT?        provements could force the relocating of pipeline, a cost         tenance will take place. Clay RW will assume all future
                                                             Clay RW must bear. Improvements include ditch cleaning            maintenance requirements.
The easement will be granted only to Clay RW. No other       or regrading. Installing pipeline in road ditches is more         The easement requires Clay RW to maintain the land in
utility may use the easement. Further, Clay RW may not       difficult and may require extra compaction or seeding.            good repair and to restore it as close as possible to its
use the easement for any other purpose than is de-           Maintenance of pipeline is also more difficult in road            original state.
scribed in the preceding paragraph.                          ditches due to standing water or snow.