Missouri Temporary Construction Easement and Agreement for Highway Purposes is a legal document that allows a government entity or agency to temporarily utilize a portion of private property for the construction, maintenance, or improvement of highways and related infrastructure. This easement grants the government the right to temporarily occupy and use the landowners' property exclusively for the duration of the construction project. It is an essential tool in facilitating the construction of roads, bridges, interchanges, and other transportation infrastructure. The Missouri Department of Transportation (Moot) is typically responsible for acquiring these temporary construction easements from private landowners. The agreement outlines the terms and conditions under which the easement is granted, including the specific purposes for which the land may be used and the duration of the easement. Key components of a Missouri Temporary Construction Easement and Agreement for Highway Purposes include: 1. Description of the Property: It provides a detailed description of the property being temporarily acquired. This includes boundaries, area, and any existing improvements or structures. 2. Purpose and Scope: The agreement clearly outlines the purpose for which the land will be used, such as construction, maintenance, repairs, or improvements of highways or infrastructure projects. 3. Duration of the Easement: It specifies the start and end dates of the temporary easement. This period is usually limited to the duration required for the completion of the construction project. 4. Compensation: The agreement addresses the compensation to be paid to the landowner for granting the easement. This may include financial allowances for inconvenience, loss of use, or damage to the property. 5. Access: It covers the terms and conditions for the government's access to the property during the construction period. This may include provisions for construction equipment, personnel, utilities, and transportation. 6. Property Restoration: The agreement typically stipulates the landowner's rights to have the property restored to its original condition once the construction project is completed. This may include regrading, reseeding, or any other necessary remedial activities. Some types of Missouri Temporary Construction Easements and Agreements for Highway Purposes include: 1. Construction Easement: This is the most common type of easement, where the government entity temporarily acquires the land needed for construction purposes, such as building a new road or widening an existing one. 2. Maintenance Easement: This allows the government to temporarily utilize the land for maintenance work, such as repairs, repaving, or resurfacing of existing highways. 3. Improvement Easement: This type of easement is granted when the government needs to make significant improvements to the property, such as constructing new interchanges, adding lanes, or implementing safety enhancements. In summary, a Missouri Temporary Construction Easement and Agreement for Highway Purposes is a legally binding document that permits the government to temporarily use private property for construction, maintenance, or improvement of highways and related infrastructure. It ensures the fair compensation of landowners and outlines the terms, duration, and purpose of the temporary easement.
Missouri Temporary Construction Easement and Agreement for Highway Purposes
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FAQ
Missouri: Statute allows a landlocked landowner to "privately condemn" a road easement across his neighbor's land. But you have to pay fair market value, pay for your own attorney and court costs, and don't necessarily get to determine the location of the road.
Easements are exclusive and, therefore, apportionable or they are "common and non- exclusive". Easements are exclusive where the possessor of the easement retains the entire or whole right to utilize the benefits of that easement, i.e. where the servient owner may not participate in that use.
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 is an interest in land owned by someone other than the owner of the property. The land which is benefited by the easement is referred to as the dominant estate, while the land impressed with the easement is generally referred to as the servient estate. MISSOURI EASEMENTS - Kansas City Real Estate Lawyer kcrealestatelawyer.com ? 2020/05/20 ? miss... kcrealestatelawyer.com ? 2020/05/20 ? miss...
Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.