Easements For Sewer & Water Projects Article

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Easements for Sewer & Water Projects

One of the most common reasons why an authority might want an easement is for sewer and water projects. If you as a property owner are approached about a sewer project easement, you may have many questions.

Author: Paula Blackburn

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In addition to purchasing your property, sometimes eminent domain can be used to acquire easements, a special type of rights-of-way that allows a government authority, including any of the condemning authorities that can use eminent domain, to use your land for a specific purpose. One of the most common reasons why an authority might want an easement is for sewer and water projects. If you as a property owner are approached about a sewer project easement, you may have many questions. Some common questions are considered below.

What is a right-of-way or easement?
A right-of-way or easement is a defined area where a government authority has guaranteed access for some specifically defined purpose. For example, an easement related to a pipeline is granted to allow a municipal water authority to be able to access the land for the purposes of installing, maintaining, and operating that pipeline. An easement is a type of right-of-way.

Is an easement permanent?
Yes. In most cases, once you grant an easement, the authority to which you grant that easement maintains it in perpetuity and can access your property for the purposes of repairs, upgrades, or surveys.

Does an easement affect how I can use my property?
Yes. Once you have granted an easement, you may not be able to build on the area of the easement, even outbuildings, playhouses, or fences. It may also affect the landscaping you do, since you generally cannot plant trees, shrubs, or other deep-rooted plants in the easement.

Will I be compensated for an easement?
Yes. An easement is a property right, and eminent domain laws demand that you should be justly compensated for granting an easement.

Can an easement cost me money?
Yes. If you are found to violate the easement, you can be asked to remedy the violation and/or compensate the owner of the easement. If your violation is responsible for damage to a pipeline (as in the case of tree roots invading the easement), you might be asked to pay for the damage.

Can I fight an easement?
If you are approached with an offer for a new easement, you are not required to grant it. You can resist. However, the government agency can demand the easement using eminent domain. Sometimes, you can fight an easement by showing it is not necessary, and other times you might be able to argue the easement is primary needed for supporting private development. Or you can argue that the easement would unfairly restrict your property rights.

What is the benefit of consulting an eminent domain attorney?
An eminent domain attorney can help you determine whether you are likely to be able to fight an easement, or whether fighting an easement can get you more compensation. In most cases, consulting an attorney is free, and it is best to educate yourself before yielding any of your property rights.

About Author

To learn more about easements, property rights, and eminent domain, consult the website of the Florida Property Rights Law Firm, P.A.

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Easements for Sewer & Water Projects