Not every eminent domain acquisition involves the total taking of your property. In some situations, the government or utility may only seek the right to perform certain activities, usually construction, on an area of the property. Generally, condemnors will seek to acquire an easement from landowners to accomplish this.
Your rights under eminent domain laws are the same whether the government seeks the entirety of your property or an easement over a portion of it.
What Are the Types of Easements in Eminent Domain?
Easements give the easement holder the right to use part of your property either temporarily or permanently. The following are some examples of easements that may be involved in eminent domain cases.
Utility Easement
A utility easement allows a utility company to use part of your land to lay pipe, run wires, or take other actions that allow them to deliver services to homes and businesses in the area and/or transport energy through the area.
Utility easements may at first blush appear uninvasive, but often they can encumber a property well beyond what is anticipated by the landowner. An overly broad easement which imposes onerous restrictions on the landowner–both inside and outside the easement area–for example, can severely limit the landowner’s utility and devalue the land.
Construction Easement
Construction easements are types of temporary easement which allow a condemnor to use your land during the construction phase of a new project, often to store materials/equipment and/or allow for the use of heavy machinery.
How temporary this easement is can vary widely, as construction projects may take years before they are completed, which can be extremely inconvenient.
Slope Easement
Some projects require raising or lowering part of your land to install a new sidewalk or roadway. Usually, condemnors acquire permanent slop easements to accomplish this.
However, changing the slope of your land can affect many things, including how water flows on your property. This can lead to possible flooding or make your driveway too steep to use properly. Further, a slope easement which permanently allows a DOT to come in and re-slope and re-grade the land at any point may inhibit the development of that area.
Why Easement Language is So Important
The easement will define the rights of both the holder of the easement and the landowner whose land it encumbers, so it is of the utmost importance that a landowner carefully examine and analyze the easement’s wording prior to agreeing to any sort of agreement with the utility/government.
This is especially relevant when the land subject to the easement could have been improved or developed but for the easement. For example, it is fairly common for easements, be they for pipelines or re-grading, to disallow the construction of improvements within the easement area. This type of language can have a huge impact on land that would otherwise be prime for development. In addition, sometimes, easements can bi-sect and/or otherwise make worthless an area of the property by sequestering it from the rest of the property.
Ultimately, the easement will govern both the landowner and the easement holder’s rights both now, and forever if it is a permanent easement. Therefore, a landowner should carefully analyze and evaluate a proposed easement prior to signing it.
Protecting Your Property Rights
If you are facing an easement by condemnation or any other type of easement that could affect your property rights, it’s essential to seek legal guidance. At Sever Walker Padgitt, we specialize in representing landowners in eminent domain and condemnation cases.
Learn more about the basics of eminent domain and see real-world examples of eminent domain cases.
Our experienced attorneys can help property owners deal with utility easements or other land use restrictions. If you need legal representation, read more about hiring an eminent domain attorney and how we can assist you in protecting your property.
Contact us today for a consultation and ensure your property rights are safeguarded.
FAQs About Easements and Eminent Domain
What Are the Most Common Types of Easements?
The most common types of easements include utility easements, access easements, and easements in gross. Utility easements allow service providers to install and maintain essential infrastructure, while access easements provide a legal right-of-way to landlocked properties.
What Is the Difference Between Eminent Domain and Condemnation?
Eminent domain is the government’s legal power to take private property for public use, while condemnation is the legal process by which the government exercises that power. Property owners may be entitled to compensation when their land is condemned, whether the government acquires full ownership or an easement.
Can a Property Owner Block an Easement?
A property owner cannot legally block a valid easement. However, if an easement is being misused or was not properly recorded, the owner may have grounds to challenge it. Consulting an eminent domain attorney is crucial if you face an unwanted or unfair easement.
