Indiana Right of Way Easement and Underground Conductor Agreement

State:
Multi-State
Control #:
US-EAS-29
Format:
Word; 
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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.

Indiana Right of Way Easement and Underground Conductor Agreements are legal documents that grant certain rights and responsibilities to parties involved in the construction, installation, and maintenance of underground electrical transmission or distribution lines within Indiana. The Right of Way Easement portion of the agreement defines the specific area of land that is being granted or acquired for the installation and operation of underground conductors. It outlines the boundaries and limitations of the rights granted to the utility company or other entity to access and utilize the land for the purposes specified in the agreement. This typically includes the right to maintain, repair, inspect, and replace electrical infrastructure as necessary. The Underground Conductor Agreement portion of the document outlines the technical specifications and requirements for the underground cable installation, as well as any associated equipment such as transformers or substations. It includes details on the size, depth, and location of the underground conductor, as well as any necessary safety measures and compliance with applicable regulations. In Indiana, there are various types of Right of Way Easement and Underground Conductor Agreements, including: 1. General Right of Way Easement and Underground Conductor Agreement: This is a standard agreement used for most underground electrical installations in Indiana. It outlines the rights and obligations of both the landowner and the utility company. 2. Limited Right of Way Easement and Underground Conductor Agreement: This type of agreement may be used in cases where the installation is temporary or involves a smaller portion of land. It grants the necessary rights and access but with certain limitations or expiry dates. 3. Eminent Domain Right of Way Easement and Underground Conductor Agreement: In rare cases where the utility company needs to acquire rights to a property through eminent domain, this agreement is used. It involves a legal process to acquire the necessary land for the underground conductor installation, compensating the landowner accordingly. It is important for all parties involved in these agreements to carefully review and understand the terms and conditions before signing. Consulting with legal professionals experienced in utility easements and underground conductor agreements is recommended to ensure compliance with Indiana laws and regulations.

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Indiana easement laws are derived from a combination of common law and statutory authority. Easement theories are complex and heavily dependent upon specific facts. Therefore, a landowner's rights are often initially unclear and require an intensive investigation into an easement's creation and intended purpose. Legal Considerations for Right-of-Way Easements (Brochure) infarmbureau.org ? docs ? public-policy ? l... infarmbureau.org ? docs ? public-policy ? l...

40 feet wide - 20 feet Anytime a person or business does any construction work in the road right-of-way (normally 40 feet wide - 20 feet on either side of the center of the road) they need to obtain a permit. Right of Way, Trees, and Roadside Structures - Steuben County, IN steuben.in.us ? departments ? highway steuben.in.us ? departments ? highway

Rights-of-Way Rights-of-way may exist as private or public easements. Public rights-of-way grant the right of passage to the general public for the use of highways, roads or other thoroughfares. Private rights-of-way give rights to a specific individual or entity.

Utility easements in Indiana are recognized by two sources of authority: the Indiana Code and the common law in Indiana. Indiana Code article 32-23 describes four types of easements: Easements by prescription, which are created through 20 years of continuous use (but not to be confused with adverse possession);

(a) The minimum right-of-way width for all public and private roads, except fire or emergency roads, shall be sixty (60) feet.

In fact, the owner of an easement has the right and obligation to maintain the easement. Moreover, they have a duty to keep in the easement in a safe condition to prevent injury to third persons using the easement. How to Enforce Easement Maintenance Obligations? schorr-law.com ? how-to-enforce-easement-maint... schorr-law.com ? how-to-enforce-easement-maint...

In order to be recognized, a party claiming a prescriptive easement must show, by clear and convincing proof, their ?actual, hostile, open, notorious, continuous, uninterrupted adverse use? of the servient estate for a period of twenty years under some claim of right. The Nuts and Bolts of Easements | Barrett McNagny LLP barrettlaw.com ? blog ? litigation ? the-nuts-... barrettlaw.com ? blog ? litigation ? the-nuts-...

Based upon this evidence, the apparent right-of-way shall be established but shall not exceed twenty feet from each side of the center line.

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... the complete right-of-way requirements across the property in ... simple title to the right of way, the plans should show the acquisition as a Perpetual Easement. 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 ...right-of-way. • Develop procedures for a Geographic Information System database to record the location and depth of utility facilities in the public right-of- ... THIS EASEMENT FOR ELECTRIC FACILITIES (this “Easement”) is granted by Town of. Munster, whose address is 1005 Ridge Road, Munster, IN 46321 (“Grantor”) in ... Oct 25, 2022 — If property ownership is transferred through sale or other legal methods, a new easement agreement must be made. ... A basic electric underground ... Nov 25, 2019 — Property owners have a lot of questions when it comes to utility easements. How are they defined? Where are they outlined? Affirmative easements give the right to enter onto a specific portion of the ... Utility easements – overhead or underground power lines, cable lines, gas lines ... Any public utility having a right pursuant to any statute, ordinance, franchise, contract, easement or other document to lay, install, maintain, repair and ... A power line easement, otherwise known as a “Right of Way” easement, is a type of agreement or easement that gives a utility company the right to use, access or ... Jan 13, 2023 — Completely fill out form #ENC 001- FirstEnergy Encroachment/Crossing Request. ... easement/rights-of-way is the responsibility of the developer.

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Indiana Right of Way Easement and Underground Conductor Agreement