When you think of eminent domain, you may initially think of the government seizing your entire property, causing you to have to relocate your home or business entirely. However, many eminent domain cases do not completely displace property owners but instead affect a part of their land. This is common with utility companies, which may need to lay lines, pipes, or wires underground, install and maintain poles on your land, or otherwise need a utility line to travel over or through your property. In such situations, the utility company will seek a utility easement to gain the right to access and use that part of your property.
An easement grants a permanent right to use a part of your property. Once an easement is obtained, it will continue indefinitely and will not expire if property ownership is transferred. This means you will have to provide notice of the easement to any potential buyers of your land, which can affect the success of a real estate sale. If the utility company no longer needs access, it may release the easement though this is not required.
A utility easement can cause physical damage to your land and can decrease the value of your land. In most cases, the utility company will pay you a single lump-sum payment to compensate you for the easement. It is critical that you properly assess the potential losses caused by the easement to ensure that you receive the full just compensation you deserve as a landowner under the law.
It may not seem like a big deal at first if a utility company wants to gain legal access to part of your land. However, property owners all too often learn there are serious and unexpected costs associated with an utility easement. It is imperative to negotiate the compensation you will receive for the utility easement up front because and an experienced eminent domain attorney will know how to estimate your future expenses and losses to ensure your compensation is fair and that the easement is justly negotiated. Please call the eminent domain lawyers of Sever Storey, LLP at 888-318-3761 today.
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Before going alone against the State let us give you our opinion. It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation. Contact us now at 888-318-3761