EASEMENT BASICS. Definition of Easement Types. Easements are part of our assets. Easement Research. Access, maintenance and operations.

Transcription

1 EASEMENT BASICS Definition of Easement Types. Easements are part of our assets. Easement Research. Access, maintenance and operations.

2 Right-of-Way Regardless of how sophisticated we become, this is still a people business. WHY?

3 Right-of-Way Services Right of way is more than just acquisition. This is only news to those who do not work in the profession on a daily basis.

4 ACQUISITION The act of obtaining land rights from another for the good of the public. Following Federal Highway Administration Office of Real Estate Services Policies Act of 1970, as amended.

5 Surveying Mapping Record Search Pre-Project Planning Alignment Analysis Acquisitions Right of Way Acquisitions Flow Chart NO Rejected Right of Way Negotiations Letter Of Offer Accepted Rejected* Eminent Domain* (*Action with Agency Authorization Only) Yes Appraisals To Agency permit process Escrow Coordination ROW Certification Possession of Property Court Procedure Project Notice to Proceed

6 Right-of-Way Services Once its in the ground you never have to worry about it. What do you people do in your spare time? Completion of construction usually marks the beginning of a continuing series of activates for the Right of Way group. Encroachments!!

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8 EASEMENT A right created by grant, reservation, agreement, prescription, or necessary implication, which one has in the land of another. It is either for the benefit of land (appurtenant) such as right to cross A to get to B, or in gross, such as a public utility easement.

9 Typical ROW Requirements EXISTING S.D.C.W.A. R0W Load Limit Restrictions on Adjacent Pipelines TRENCH ZONE CL 130 RESTRICTED ZONE 9 9 RESTRICTED ZONE 9 9 Residential and Commercial Neighbors PIPELINE C L PIPELINE 4 96 CL PIPELINE 3 69 Encroachments TYPICAL CONSTRUCTION SECTION FOR PIPELINE 5 N:\ACAD\SDCWA\SECTION.CDR

10 Right of Way E.C.L Emergency Construction Limits Right of Way = 1

11 Safety Issues Installation of Pipe Through Material and Equipment Access Steep Terrain

12 Provide me with the permit! Why can t I do this?

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15 Right-of-Way Services Right of Way groups participate with other departments like Engineering, Environmental, Public Relations, and Operations in construction projects.

16 YOUR PROPERTY RIGHTS DO YOU KNOW WHAT PROPERTY RIGHTS YOU HOLD? Grant Deed, easement, permit, encroachment permit or joint use agreement. CAN YOU LOCATE THE DOCUMENTS?

17 WHAT DO YOU DO? Private Development Utility Easement Existing pipe

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19 Cover prior to 1990

20 ROW Encroachment Modifications to Ground Cover Top of Pipe

21 Construction in Public ROW /

22 Conservation Easements

23 International Right of Way Association Right of Way Agents Development Program. Course 215

24 ABOUT THE COURSE Developed by the IRWA Pipeline Committee Primary Target is the Agent working in the Field Design to also Provide Training to In-house Personnel Involved in Linear Projects Focus is on the Primary Duties that a Right-of - Way Professional May be Required to Undertake Many of the Examples used in this Course were Taken from Real Experiences

25 GOALS OF THE COURSE Introduce the Entry Level Right of Way Agent and the Non-Right of Way person to the Basic Elements of Right of Way Provide Guidance in Information Gathering Provide Guidance in When to Ask Questions Develop a More Knowledgeable Right of Way Professional Fill the Growing Skill Gap Within the Profession

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27 ROW Management Services 1 Agency Program Assessment 2 Creation/Review of ROW Policy & Procedure Manuals 3 Inter-Governmental/Agency Liaison Assistance 4 ROW Identification & Monumentation 5 Document Management & Control 6 Easement Preparation & Interpretation 7 Unauthorized Encroachments & Removal 8 Permit & Agreement Processing 9 Plan Review Services 10 Plat & Legal Preparation 11 ROW Security/Access/Patrolling 12 Pipeline Loading & Structural Reviews 13 ROW Acquisition 14 Pipeline Planning & Alignment Studies 15 Facility Relocation Assistance 16 Conflict Resolution 17 Construction Management & Inspection/Observation 18 ROW Clearing & Maintenance Services 19 Environmental Documentation Assessments 20 Phase I & II Environmental Assessments