Idaho General Right of Way Instrument

State:
Multi-State
Control #:
US-EAS-32
Format:
Word; 
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Description

Allows for a non-exclusive right of way servitude and easement for a stated purpose. Allows for a non-exclusive right-of-way, servitude and easement for a stated purpose.

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.

The Idaho General Right of Way Instrument is a legal document that governs the rights and usage of land for transportation or utility infrastructure purposes within the state of Idaho. This instrument provides specific guidelines and regulations that must be followed when granting, acquiring, or reserving right of way across private or public lands. The Idaho General Right of Way Instrument serves as an authoritative record of the rights and obligations of parties involved in transportation or utility projects. It outlines the necessary steps and requirements for obtaining right of way, ensuring that fair compensation, terms, and conditions are met during the process. Keywords: Idaho, General Right of Way Instrument, legal document, land, transportation, utility infrastructure, guidelines, regulations, granting, acquiring, reserving, private lands, public lands, rights, obligations, compensation, terms, conditions. Types of Idaho General Right of Way Instruments: 1. Transportation Right of Way Instrument: This instrument focuses specifically on the acquisition and usage of land for transportation projects, such as roads, highways, bridges, and public transportation facilities. It ensures that the necessary land is acquired legally and efficiently to facilitate smooth transportation operations. 2. Utility Right of Way Instrument: This instrument governs the authorization and regulations for utilizing land for utility infrastructure purposes. It covers utilities such as power lines, gas pipelines, water supply systems, telecommunication networks, and other essential services. It ensures that utility providers can obtain the required rights to install, operate, and maintain their infrastructure. 3. Eminent Domain Right of Way Instrument: In some cases, the Idaho General Right of Way Instrument may involve eminent domain proceedings. This type of instrument grants the government or authorized entities the legal power to acquire private property for public use, even without the consent of the property owner. However, fair compensation must still be provided. Keywords: transportation, utility, eminent domain, acquisition, authorization, regulations, power lines, gas pipelines, water supply systems, telecommunication networks, infrastructure, government, private property, public use, compensation.

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FAQ

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.

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.

Even though someone else owns the property on which the road is located, he or she would not be able to stop the neighbor from using the road which is now a legal easement.

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.

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.

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.

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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 ... The District, at the request of the Headquarters Right of Way Section, may verify vacancy and complete the Decent, Safe and Sanitary (DSS) inspection on ...This document, Highway Right-of-Way Acquisition, Without Federal Funds is to be used for acquiring property in conformance with the Idaho State statutes within ... Aug 8, 2022 — As a general rule, documents for recording should be acknowledged in one way or another, but the statutes specify certain documents that do not ... Instruments conveying land for public right-of-way use should be granted to ... Section 40-2319, Idaho Code, speaks to encroachments of the public right-of-way. Certificates of insurance evidencing the required coverage shall be filed with the City Engineer along with the contractor's license application. (B) Worker's ... Once the document is numbered and entered in the reception book, the recorder should complete the certificate of time and receipt for the document. Specifically ... In general, right of way is not acquired in fee from a railroad company. ... the land ownership information along the proposed right of way necessary to complete ... A witness is not required on a deed or security instrument. Instead, the document must be properly acknowledged for recording. See Idaho Stat. 55-805. (2) If a county or highway district acquires an interest in real property for highway or public right-of-way purposes, the respective commissioners shall: (a) ...

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Idaho General Right of Way Instrument