Michigan Right of Way and Easement for Additional Pipeline

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Multi-State
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US-EAS-2
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This is a sample form for use in transactions involving easements, a Right of Way and Easement. Allows the construction of an additional pipeline on, over and across previously granted right of way and easement.
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.

Title: Michigan Right of Way and Easement for Additional Pipeline: A Comprehensive Overview Introduction: In Michigan, the Right of Way (ROW) and Easement for Additional Pipeline play a crucial role in facilitating the development, expansion, and maintenance of pipelines throughout the state. These legal constructs grant certain rights and permissions to pipeline companies, allowing them to establish and operate their infrastructure efficiently. This article aims to provide a detailed description of Michigan's ROW and Easement for Additional Pipeline, covering their types, key provisions, and relevant keywords associated with these concepts. 1. Michigan Right of Way for Pipelines: The Michigan Right of Way for Pipelines refers to the legal permission granted to pipeline companies to access and utilize a specified stretch of land for the installation, operation, and maintenance of pipelines. The ROW provides companies with specific privileges and obligations. a) Permanent Right of Way: The Permanent Right of Way grants pipeline companies ongoing, continuous access to the designated land, allowing them to lay, operate, and maintain pipelines without any time restrictions. This type of ROW is commonly used for large-scale pipeline projects spanning long distances. b) Temporary Right of Way: The Temporary Right of Way permits pipeline companies to access and utilize the land for a limited period. This can be for short-term maintenance, repair work, or to address specific project needs without requiring a full-blown permanent ROW. Temporary Rows typically have specific start and end dates. 2. Easement for Additional Pipeline: In Michigan, an Easement for Additional Pipeline allows a pipeline company to construct additional pipelines within an existing ROW or easement. It provides the necessary legal space for pipeline expansion without requiring the acquisition of separate land or a new ROW. a) Specific Easement for Additional Pipeline: A Specific Easement for Additional Pipeline enables pipeline companies to construct and operate a specified additional pipeline within an existing ROW. This type of easement clearly defines the terms, conditions, and limitations associated with the new pipeline. b) Blanket Easement for Additional Pipeline: A Blanket Easement for Additional Pipeline grants pipeline companies permission to construct and operate multiple additional pipelines within an existing ROW or easement. This type of easement allows flexibility for future expansion without requiring separate legal agreements for each additional pipeline. Key Provisions and Keywords: To gain a comprehensive understanding of Michigan's Right of Way and Easement for Additional Pipeline, consider the following key provisions and associated keywords: — Encroachment right— - Land acquisition — Pipeline installatio— - Ongoing maintenance — Monitoring aninspectionio— - Abandonment procedures — Landowcompensationatio— - Environmental impact assessments — Righaccesseses— - Construction permits — Legal agreement— - ROW easement width - Pipeline integrity management — Safety protocol— - Eminent domain regulations — Land use restriction— - Construction timelines — Pipeline routing Conclusion: Michigan's Right of Way and Easement for Additional Pipeline play a critical role in facilitating pipeline development and expansion while ensuring the compliance of pipeline companies with legal requirements and property owner rights. Understanding the different types of ROW and Easement for Additional Pipeline, along with their key provisions, is crucial for both pipeline companies and landowners involved in these agreements.

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Michigan law recognizes an easement by necessity. An easement by necessity is created when a landowner is landlocked and needs access for ingress and egress over another's property. If the landowner has not other means to access his property, a court will create an easement by necessity.

Hear this out loud PauseAn easement by necessity is sometimes created when a parcel is landlocked, meaning there is no access to a road. Finally, a prescriptive easement can be created when one parcel has been using another parcel for access rights, without permission, for over fifteen years.

Hear this out loud PauseBasically, one portion of your land may be considered a public property under Rights of Way. Easements exist as negative and affirmative. An affirmative easement basically allows a group or a person to carry out activity on another person's land. For example, erect electrical posts.

Utility easements 6 feet in width are permissible along rear property lines, in cases where the rear property lines abut unplatted land.

An easement can be terminated through a written agreement between the easement holder and the property owner. Additionally, an easement by necessity can be terminated if there is no longer a need for the easement.

Hear this out loud PauseA pipeline right-of-way (ROW) is a strip of land of varying widths that may contain one or more pipelines. To deliver critically needed natural gas via our network, Enbridge must at times cross private and public lands.

The road right-of-way is generally 66 feet (33 feet on either side of the center line of the road). Rights-of-way may be narrower or wider in certain situations.

Hear this out loud PauseAbove-ground pipeline markers are used along the permanent right-of-way for easy recognition of the presence of underground pipelines. The markers are typically located in a ?line of sight? manner within the rights-of-way, along streets and at road and railroad crossings.

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Proposed Easement Application. Assignment Request. Please Note: Easements for the use of State-owned land will be considered when State-owned land is the ... Oct 30, 2014 — Legal title to the underlying land is retained by the original owner for all other purposes. • Both sides want a win-win agreement. Page 5. Page ...Easements for utilities and public roads can be applied for by completing the form below. Applications must be submitted by the agency acquiring the public ... Grantee should agree to compact, backfill and maintain, at original level, the land on which the pipeline is located. IT IS RECOMMENDED EACH LANDOWNER CONSULT ... (3) Any offer to a landowner for an easement for the purpose of locating, laying, constructing, maintaining, and operating pipelines on agricultural property ... Consumers Energy may need to request an easement from a property owner to ensure we can correctly and safely install, access, and maintain lines and equipment ( ... For a sample of a conflict over tree-removal near an easement, we've posted a letter from a lawyer to pipeline operator – click here. Right-of-Way Dos and Don' ... Sometimes, the county road agency must buy more of it to complete a road project. In many areas of Michigan, acquiring ROW is the most expensive part of a road ... Rights-of-way and easements provide a permanent, limited interest in the land that enables the pipeline company to install, operate, test, inspect, alter,. Typically the power or gas company has an easement on the property. The land is still private property, and tresspass is illegal. Unfortunately it is difficult ...

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Michigan Right of Way and Easement for Additional Pipeline