The North Dakota Right of Way Agreement for Water Pipeline is a legally binding document that grants permission to an entity, such as a government agency or utility company, to access and use a specific area of land for constructing, operating, and maintaining a water pipeline. This agreement ensures that the rights, responsibilities, and compensation associated with the use of the land are clearly defined and protected. In North Dakota, there are several types of Right of Way Agreements for Water Pipelines, each tailored to meet specific circumstances. Some common types are: 1. Permanent Right of Way Agreement: This type of agreement provides a long-term access and use of the land for the water pipeline project. It grants the right of entry, construction, operation, and maintenance of the pipeline to the entity, typically in perpetuity. Compensation and other terms for land use are negotiated and stated within the agreement. 2. Temporary Right of Way Agreement: This agreement allows a limited and temporary access to the land for specific phases of the water pipeline project, such as construction or maintenance activities. It specifies the duration, scope, and terms of access while providing necessary compensation to the landowner. 3. Easement Right of Way Agreement: An easement is a legal right to use another person's land for a specific purpose. In the case of water pipelines, an easement agreement grants the entity a right to install, operate, and maintain a pipeline on or beneath a portion of the landowner's property. The agreement clearly outlines the easement area, rights, and obligations of both parties. 4. Right of Way Acquisition Agreement: In some cases, the entity may need to acquire a right of way through purchase or eminent domain procedures. This agreement defines the terms of acquisition, including compensation, access, and scope of the acquired land for constructing the water pipeline. It is important for all parties involved, including the entity undertaking the water pipeline project and the landowner, to carefully review and negotiate the terms of the North Dakota Right of Way Agreement to ensure a fair and mutually beneficial arrangement. Seeking legal counsel during the agreement drafting process is advisable to protect the rights and interests of all parties involved.
North Dakota Right of Way Agreement (For Water Pipeline)
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In all townships in this state, outside the limits of incorporated cities, and outside platted townsites, additions, or subdivisions recorded pursuant to sections 40-50.1-01 through 40-50.1-17 or recorded prior to July 1, 1987, under former chapter 40-50, the congressional section lines are considered public roads open ...
Statutory section line highways in South Dakota are sixty-six feet wide, thirty-three feet on each side of the section line. S.D.C.L. § 31-18-2 (1984). Thus the overall width of the highway is equal to one "chain," defined as a lineal land measure of sixty-six feet.
