Arkansas Right of Way Easement and Underground Conductor Agreement

State:
Multi-State
Control #:
US-EAS-29
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Right of Way Easement and Underground Conductor Agreement. Provides for the right to enter land and place underground circuits or cables and pad mourn transformers.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
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FAQ

Under Arkansas Statutes, 27-67-218 and 27-67-304 public utilities may use highway right-of-way for the purpose of installing utility facilities, provided such use will not interfere with the use of the right-of-way for highway purposes. Utility owners must secure a permit and post a bond prior to performing any work.

Consents and/or easements for any utility, access road, etc. will be limited to a maximum of 20 feet in width within the FirstEnergy rights-of-way unless provisions are defined in the easements, deeds, etc.

Typical easements are 12 - 20 feet wide, the main transmission lines for water or sewer may have up to 50-foot easements and in most cases the easements will not be cut to full width.

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).

(B) Roads hereafter established or opened as public roads shall not be less than fifty feet (50?) wide, providing a minimum of twenty-five feet (25?) of right-of-way on either side of the center line.

Having right-of-way means that utilities can access the area to fix a utility-related problem or to perform maintenance. Easements outline general property rights by others while right-of-way (as its name implies) is a specific property right.

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Arkansas Right of Way Easement and Underground Conductor Agreement