Idaho Right of Way Easement and Underground Conductor Agreement

State:
Multi-State
Control #:
US-EAS-29
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Right of Way Easement and Underground Conductor Agreement. Provides for the right to enter land and place underground circuits or cables and pad mourn transformers.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

Idaho Right of Way Easement and Underground Conductor Agreement is a legal documentation outlining the terms and conditions between a property owner and a utility company regarding the use of the property's land for the installation and maintenance of underground power lines or utility infrastructure. This agreement is crucial for the establishment of a clear understanding and protection of rights for both parties involved. Under Idaho law, there can be various types of Right of Way Easement and Underground Conductor Agreements, depending on the specifics of the project and the parties involved. Some of these agreements may include: 1. Permanent Easement Agreement: This type of agreement generally grants the utility company a perpetual right to use a portion of the property for the installation and maintenance of underground power lines or utility infrastructure. The easement is typically granted for the entire width or depth necessary for the project. 2. Temporary Easement Agreement: In cases where the utility company requires access to the property for a limited period of time, a temporary easement agreement may be used. This agreement allows the utility company to use the land temporarily for construction, repair, or improvement purposes. 3. Specific Purpose Easement Agreement: This type of agreement is used when the utility company needs access to the property for a specific purpose, such as installing a specific utility line or conducting maintenance work on existing infrastructure. The agreement outlines the specific purpose, duration, and limitations of use. 4. Compensation Agreement: In some cases, the property owner may be entitled to compensation for granting the easement rights to the utility company. A compensation agreement outlines the terms and amount of payment to be made by the utility company to the property owner for the right of way easement. 5. Maintenance and Access Agreement: This agreement specifically addresses the maintenance responsibilities of both parties and establishes guidelines for access to the easement area. It outlines the utility company's obligations to ensure the property remains in a satisfactory condition after installation or repair work is completed. 6. Indemnity and Liability Agreement: This type of agreement defines the responsibilities and liabilities of both parties in the event of any damage or injury occurring within the easement area. It ensures that the utility company indemnifies the property owner against any claims arising out of the installation, maintenance, or use of the utility infrastructure. Idaho Right of Way Easement and Underground Conductor Agreements are designed to protect the interests of both the property owner and the utility company involved in the project. These agreements establish clear guidelines and obligations that help prevent disputes and ensure a smooth collaboration throughout the project's duration. It is essential to consult legal professionals and adhere to state laws and regulations when drafting and executing such agreements.

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FAQ

An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.

An easement simply grants Idaho Power the right to use the land for its power facilities. It does not grant ownership of the land. Idaho Power might treat vegetation around power poles to prevent fires, but weed maintenance is the responsibility of the landowner.

There are two types of easements in Idaho: appurtenant and in gross. An appurtenant easement is a right to use a certain amount of land (servient estate) to benefit other land (dominant estate), such as a shared driveway, or road to access other property.

A person claiming a prescriptive easement must prove ?by clear and convincing evidence? that their use of the property in question was ?(1) open and notorious, (2) continuous and uninterrupted, (3) adverse and under a claim of right, (4) with the actual or imputed knowledge of the owner of the servient tenement (5) for ...

(1) When two (2) vehicles approach or enter an unmarked or uncontrolled intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.

Overview. The Right of Way Section of the Idaho Transportation Department is responsible for the acquisition of all property required for highway construction, material sources and maintenance shed sites.

An easement is the right to cross or use someone else's land for a specific purpose. The owner of the easement does not own the land, just the right to use it. The owner of the land may also use the area covered by the easement as long as they do not interfere unreasonably with the purpose of the easement.

More info

Jan 7, 2019 — This manual is designed to guide right-of-way employees in the performance of their assigned duties and to assist them in complying with all ... They represent an interpretation of existing law, except as authorized by Idaho Code or incorporated into a contract. Agency Contact. Right-of-Way Program ...Call 208-388-2323, or 1-800-488-6151 from outside the Treasure Valley, and ask to speak to a right-of-way agent or easement specialist. Idaho Power Front Page ... This is a sample form for use in transactions involving easements, a Right of Way Easement and Underground Conductor Agreement. Provides for the right to ... Certificates of insurance evidencing the required coverage shall be filed with the City Engineer along with the contractor's license application. (B) Worker's ... First, the person or entity who wants the easement can purchase it from the landowner. To properly do this requires that the parties survey the easement and ... CONSTRUCTION: The construction, placement or laying of any asphalt or concrete pavement; sidewalk: driveway; curb; gutter; water line; sanitary sewer line; ... Sep 16, 2010 — The location of the easement and right of way granted herein is ... Said electric line easement consists of a 15 foot wide linear easement for ... (b) If the governmental entity with jurisdiction over the road that the property has a "deeded access" to denies the property owner the right to use the ... Jan 9, 2017 — Any person who engages directly in excavation. REPAIR: The improvement, alteration, modification or replacement.

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Idaho Right of Way Easement and Underground Conductor Agreement