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Not every eminent domain case involves the government telling you that you must leave your property for good. In fact, in many cases, an entity only wants to use a portion of your property, which may not affect your home or primary business space. In such a situation, the entity will seek an easement. Still, your rights under eminent domain laws are no different than if they were seeking possession of your entire property.
Easements give 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. While having underground wires may not seem like a big deal, it can cause serious problems if it takes up part of your driveway or parking lot, or if the entity must come back at a later date and dig up the wires.
–Construction Easement – This is a temporary easement that allows a company to use your land during the construction phase of a new project, often to store materials 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, and this can cause a huge inconvenience for you.
–Slope Easement – Some projects require that part of your land is raised or lowered to put in a new sidewalk or roadway. However, changing the slope of your land can affect many things, including how water flows on your property, leading to possible flooding or making your driveway too steep to use properly.
–Right of Ingress/Egress – This easement allows an entity to access its easement by crossing over parts of your property. For example, if there are power lines in the back corner of your yard, the utility company may want to cross over your grass to repair or maintain those lines. This can cause more damage and inconvenience than one might think.
It is critical to consider all the possible implications of a condemnation easement to ensure that you are fully compensated for any effects the easement may have on your land ownership.
If someone wants to obtain an easement on your property, it should never be taken lightly as it can greatly affect your enjoyment of your property and its value. our first call should be to the eminent domain attorneys at Sever Storey. We regularly handle cases involving easements to ensure your rights are protected. Please contact one of our many offices at 1-888-318-3761 for more information today.
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