South Dakota Partial Release of Easement (Communication Easement)

State:
Multi-State
Control #:
US-OG-1076
Format:
Word; 
Rich Text
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Description

This form is a partial release of a communication easement.
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FAQ

Setting the Law Straight on Terminating Easements Abandonment. Although an easement can arise in a variety of ways, any easement can be extinguished by the easement's abandonment by the owner of the dominant estate. ... Merger. ... End of Necessity. ... Demolition. ... Recording Act. ... Abuse. ... Condemnation. ... Adverse Possession.

An easement is a permanent right authorizin-g a person or party to use the land or property of another for a particular purpose. In this case, a utility acquires certain rights to build and maintain a transmission line.

Any particular Easement Right (or portion thereof) shall terminate when such Easement Right has been Abandoned, and thereupon the Easement Right Holder shall no longer have the Easement Right (or portion thereof) that has been Abandoned.

Statutory section line highways in South Dakota are sixty-six feet wide, thirty-three feet on each side of the section line. S.D.C.L. § 31-18-2 (1984). Thus the overall width of the highway is equal to one "chain," defined as a lineal land measure of sixty-six feet.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning. A violation of this section is a Class 2 misdemeanor. Source: SL 1970, ch 175, § 21, § 2; SL 1989, ch 255, § 156.

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.

South Dakota's Move Over law requires travelers to move over and/or slow down when a stopped vehicle is in use of amber, yellow, or blue warning lights. A violation of this law is a Class 2 misdemeanor, which is punishable by a minimum fine of $270.00 and/or 30 days in jail.

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South Dakota Partial Release of Easement (Communication Easement)