South Dakota Easement Agreement and Damage Release for installation of Gas Processing and Treating Facility

State:
Multi-State
Control #:
US-OG-653
Format:
Word; 
Rich Text
Instant download

Description

This form is used when Grantor grants to Grantee, its successors and assigns, a right of way and easement (the Easement) to install and operate a gas processing and treatment facility and gas liquids extraction plant, including all tanks, pumps, pipelines and other material and equipment necessary to use the facility and plant for gas processing and treating any extraction of liquid hydrocarbons (the Plant), on, over, and across real property.

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  • Preview Easement Agreement and Damage Release for installation of Gas Processing and Treating Facility
  • Preview Easement Agreement and Damage Release for installation of Gas Processing and Treating Facility
  • Preview Easement Agreement and Damage Release for installation of Gas Processing and Treating Facility
  • Preview Easement Agreement and Damage Release for installation of Gas Processing and Treating Facility

How to fill out Easement Agreement And Damage Release For Installation Of Gas Processing And Treating Facility?

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FAQ

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.

After the easement is granted, the property owner continues to maintain the easement just like the rest of the yard.

Easements grant limited rights to use another person's property for a specific purpose, such as allowing a neighbor access to a private road or permitting a utility company to a fiber optic line.

Generally, eminent domain is the government's power to take private property for public benefit. It comes from the US Constitution, federal laws, state constitutions, and state laws. The Board's authority to grant the power of eminent domain comes from Iowa Code chapters 476A, 478, 479, and 479B.

Easements may be created by an express grant or by prescription or necessity. An easement grants the owner of the dominant estate the right to use the land for a particular purpose, and such use may be on, under or above the land. Generally, the duty to maintain an easement rests with the owner of the dominant estate.

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

An easement by prescription is created when a person uses another's land under a claim of right or color of title, openly, notoriously, continuously, and hostilely for ten years or more (see adverse possession article).

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

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South Dakota Easement Agreement and Damage Release for installation of Gas Processing and Treating Facility