South Dakota Partial Release of Easement (Communication Easement)

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Multi-State
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US-OG-1076
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This form is a partial release of a communication easement.

A South Dakota Partial Release of Easement (Communication Easement) is a legal document that allows a property owner to release a portion of the easement rights granted to a third party in connection with communication infrastructure. This type of easement typically refers to the right that telecommunication companies or utility providers have to access a property to install and maintain communication lines or equipment. In South Dakota, the Partial Release of Easement (Communication Easement) is used when a property owner desires to reclaim a portion of their property that was previously granted to a utility company for communication purposes. This could be due to various reasons, such as property development plans, changes in land use, or termination of services from the utility provider. When drafting a South Dakota Partial Release of Easement (Communication Easement), it is crucial to include specific details about the easement being released. This typically involves a clear description of the property affected by the easement and the exact portion of the easement that is being relinquished. Additionally, the document should identify the parties involved, including both the property owner and the utility company. Some relevant keywords to include in the content are: 1. South Dakota: Refers to the specific state where the easement is being released and ensures that the document adheres to the state's laws and regulations. 2. Partial Release: Denotes that only a portion of the easement is being released, allowing the property owner to retain some rights while reclaiming a specific area of their property. 3. Easement: Defines the legal right granted to a utility company in terms of accessing and using a property for communication infrastructure purposes. 4. Communication Easement: Specifies the type of easement being released, specifically related to communication services, such as telecommunication lines or equipment. 5. Utility Provider: Refers to the company or entity that has been granted the easement rights to access the property for communication purposes. 6. Property Owner: Represents the individual or entity who owns the property and desires to release a portion of the easement rights. 7. Property Description: Provides a detailed description or legal description of the property affected by the easement, allowing for accurate identification of the area being released. 8. Land Use: Highlights any changes in land use or property development plans that may have prompted the property owner to release the easement. 9. Termination: Addresses scenarios where the utility company's services are no longer required or desired by the property owner, leading to the partial release of the easement. It is important to consult with a legal professional to ensure the South Dakota Partial Release of Easement (Communication Easement) accurately reflects the intentions of the property owner and adheres to the applicable state laws.

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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)