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Easements give the city and utilities the right to construct and maintain facilities, or infrastructure, in the area of land designated as an easement. They are not required to notify the property owner before they begin work in this area.
Easements grant limited rights to use another person's property for a specific purpose, such as allowing a neighbor access to a private road or permitting a utility company to a fiber optic line.
Generally, eminent domain is the government's power to take private property for public benefit. It comes from the US Constitution, federal laws, state constitutions, and state laws. The Board's authority to grant the power of eminent domain comes from Iowa Code chapters 476A, 478, 479, and 479B.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
131 sets out the four essential characteristics of an easement which are as follows: There must be a dominant and servient tenement; The easement must accommodate the dominant tenement; The dominant and servient owners must be different people; The right must be capable of forming the subject matter of a grant.
An easement gives the dominant owner the right or rights to cross or otherwise use someone else's land. Two of the most common easement rights are a right to light and a right of way.