West Virginia Right of Way Agreement (For Water Pipeline)

State:
Multi-State
Control #:
US-OG-1119
Format:
Word; 
Rich Text
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Description

This form is a right of way agreement for water pipeline.

The West Virginia Right of Way Agreement for Water Pipeline is a legal document that outlines the terms and conditions under which a water pipeline can be constructed and operated on a specific piece of designated land within the state of West Virginia. This agreement is essential to ensure the efficient and lawful implementation of water infrastructure projects while safeguarding the rights and interests of both the property owner and the water utility company. The West Virginia Right of Way Agreement for Water Pipeline specifies the rights and responsibilities of the parties involved, typically the water utility company, also known as the grantee, and the landowner, known as the granter. It delineates the extent of the land required for the water pipeline's construction and maintenance, as well as any additional areas necessary for access, maintenance, or future expansions. This legally binding agreement encompasses various aspects related to the water pipeline project, including the permitted uses of the right of way, compensation for the landowner, property damage provisions, liability and indemnification clauses, termination conditions, and dispute resolution mechanisms. It establishes a framework to ensure compliance with federal, state, and local regulations related to water infrastructure, environmental protection, and public safety. It is important to note that the West Virginia Right of Way Agreement for Water Pipeline can vary slightly depending on the project's specifics and the parties involved. Different types of such agreements may exist, such as: 1. Temporary Right of Way Agreement: This type of agreement is applicable when a water pipeline project requires temporary access to a landowner's property for construction, inspection, or maintenance purposes. It typically has a defined timeline and specific conditions for land restoration after completion. 2. Easement Right of Way Agreement: This agreement grants a permanent easement, meaning a long-term right to use and access a portion of the landowner's property for the water pipeline infrastructure. It embodies more comprehensive terms and conditions compared to a temporary agreement, as it involves a continuing relationship between the grantee and the granter. The West Virginia Right of Way Agreement for Water Pipeline plays a crucial role in facilitating the development of reliable and sustainable water infrastructure within the state. Its comprehensive nature ensures that all parties involved are protected, while allowing for the efficient supply of water resources to meet the needs of West Virginia's communities and industries.

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FAQ

West Virginia is a common law riparian state which has adopted the "reasonable use" doctrine granting each riparian landowner on a given watercourse an equal and correlative right to a reasonable consumptive use of the natural flow.

(a) It is an unlawful trespass for any person to knowingly, and without being authorized, licensed or invited, to enter or remain on any property, other than a structure or conveyance, as to which notice against entering or remaining is either given by actual communication to such person or by posting, fencing or ...

ARTICLE 9. RIGHT-OF-WAY. (a) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.

Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.

About. In 2004, the West Virginia legislature passed the Water Resources Protection Act. The purpose of the act was to gather Water Use information on the quantity and use of state surface and groundwater resources. In 2008, the act was amended and renamed the Water Resources Protection and Management Act.

A thirty (30) foot right-of-way is required.

The Public Land Corporation owns the publicly owned streambeds of navigable streams. Approximately 34,000 miles of streams are navigable or floatable, and have publicly owned beds. More information regarding which rivers are navigable may be available from the Division of Natural Resources.

West Virginia Anti-degradation The Clean Water Act establishes guidelines for States to regulate discharges into State waters. The State also maintains water quality standards to ensure that water uses are protected.

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Jun 15, 2007 — (1) A copy of the applicant's certificate of convenience from the West Virginia Public Service ... agreement cover future construction of service ... A right of way project normally follows steps which begin when the project is placed on the WVDOH's schedule and ends when the project is certified clear for ...Dec 6, 2017 — A pipeline right of way is an interest in real property that is generally formalized by a written agreement and recorded in the county in which. Sep 20, 2021 — Understanding the implications of WV easements and rights of way is essential to a successful commercial real estate transaction. Dec 10, 2020 — Oil & Gas Attorney Christian Turak explains his process to negotiating pipeline rights-of-way. If you have questions, call (304) 845-9750. Any water pipe extending through a utility right-of-way across private property shall be a distribution main. Costs to install a distribution main across ... A right-of-way agreement between the pipeline company and the property owner is also called an easement. Negotiating Pipeline Rights-of-Way in Pennsylvania. If the surface/land owner will not sign an agreement for a gathering pipeline, the company has to go around. Even if the company does have the right to condemn ... The original customer must obtain a right-of-way for the original customer's ... The agreement must attach a copy of Water Rule 7.5 and a statement signed by ... program pursuant to §64-15-8.2 of the West Virginia Code of State Rules must file the details of such programs with the Commission. Such programs will be ...

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West Virginia Right of Way Agreement (For Water Pipeline)