West Virginia Utility Easement (Electric Lines, Telephone Lines and Appurtenances)
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FAQ
An easement is an interest in property that conveys the use, but not the ownership, of a portion of an owner's property. They are typically used for a specific portion of the property for many varied purposes.
In West Virginia (WV), an easement can grant utilities permission to operate underground, grant mineral extraction rights, or more. Understanding the impact of WV easements and rights of way is critical to the success of a commercial real estate transaction.
Right of way is the land required to construct, maintain and operate a highway properly. DOES THE STATE HAVE THE RIGHT TO TAKE MY PROPERTY? Yes; however, Article 3, Section 9 of the Constitution of West Virginia provides that private property will not be taken or damaged for public use without just compensation.
(b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main- traveled portion of the roadway.
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
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.
A thirty (30) foot right-of-way is required.
(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.
