Louisiana Right of Way Easement and Underground Conductor Agreement

State:
Multi-State
Control #:
US-EAS-29
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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.

Louisiana Right of Way Easement and Underground Conductor Agreement is a legal document that outlines the terms and conditions for granting an easement to a utility company to install, operate, and maintain underground power lines and related infrastructure on a property owner's land in Louisiana. This agreement is crucial for establishing the rights and responsibilities of both the property owner and the utility company in order to ensure the safe and efficient distribution of electricity throughout the state. The Louisiana Right of Way Easement and Underground Conductor Agreement typically includes the following key provisions: 1. Easement Grant: This section specifies the location and dimensions of the easement area, delineating the area where the utility company is granted the right to construct and maintain the underground power lines. 2. Easement Purpose: It clarifies that the purpose of the easement is solely for installing and maintaining underground power lines and associated equipment necessary for transmission and distribution of electricity. 3. Underground Conductor Installation: This section outlines the guidelines and procedures that the utility company must follow while installing underground power lines. It may include requirements for construction methods, safety measures, and environmental considerations. 4. Maintenance and Repair: It establishes the obligations of the utility company to regularly inspect, maintain, and repair the underground power lines and associated equipment within the easement area. It may also outline the property owner's responsibilities to notify the utility company of any damages or issues regarding the easement area. 5. Compensation and Consideration: This provision determines any compensation or consideration that the property owner may receive in exchange for granting the easement. It may include one-time payments, annual easement fees, or other considerations agreed upon by both parties. 6. Indemnification and Liability: This section specifies the liability of both the property owner and the utility company for any damages, injuries, or losses that may occur as a result of the easement or the operation and maintenance of the underground power lines. 7. Term and Termination: It defines the duration of the easement, including any renewal provisions, and outlines the circumstances under which either party can terminate the agreement. There are different types of Louisiana Right of Way Easement and Underground Conductor Agreements, including: 1. Residential Easement and Underground Conductor Agreement: This agreement is specific to residential properties where utility companies require easements to install and maintain underground power lines for supplying electricity to homes. 2. Commercial Easement and Underground Conductor Agreement: This agreement pertains to commercial properties, such as businesses, shopping centers, or industrial sites, where utility companies need easements to install and maintain underground power lines for providing electricity to these establishments. 3. Public Right of Way Easement and Underground Conductor Agreement: This type of agreement applies to public areas, such as roads, highways, and parks, where utility companies require easements to install and maintain underground power lines for providing electricity to the community. These agreements play a vital role in ensuring the reliable and safe supply of electricity across Louisiana while safeguarding the rights and interests of property owners and utility companies.

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FAQ

If you own the land fronting the street, you cannot block access to those who must cross your property to access the street. They have a legal right to do so. A prescriptive easement is one that is recognized by the mere fact of its existence and its continued use.

Easements essentially allow people in Louisiana and across the nation to step onto private property. However, utility companies are not the only type of entities that may use an easement.

An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.

Utility easements vary in size depending on the specific utilities running through the easement. A basic electric underground easement may only be 10 feet wide, while a sewer easement could be as much as 30 feet wide.

Right of Access La. Const. art. XII Section 3 reads: No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law.

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.

The highway right-of-way line on each side of all major highways is established as 50 feet from the centerline (Total right-of-way width: 100 feet).

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Louisiana Right of Way Easement and Underground Conductor Agreement