Title: Understanding New Hampshire Easement and Right of Way for Electrical Transmission Lines Introduction: In the state of New Hampshire, acquiring easements and right of way (ROW) for electrical transmission lines is crucial to ensure the safe and efficient transmission of electricity across the region. This article aims to provide a detailed description of New Hampshire easement and ROW, exploring their significance and different types to better understand how they function. Keywords: New Hampshire easement, right of way, electrical transmission lines, property access, landowner compensation, eminent domain, transmission infrastructure. 1. Definition and Purpose of Easement and ROW: Easement and right of way are legal concepts that grant specific users or entities the right to access and use another person's property for a particular purpose or activity. In the context of electrical transmission lines, easements and Rows enable utilities to construct, maintain, and operate transmission infrastructure while ensuring reliable power supply and promoting safe electrical transmission. 2. Importance of Easements and Rows: Efficiently navigating private properties is essential for establishing a robust electrical transmission network. Easements and Rows provide legal access, allowing utilities to construct and maintain transmission lines, substations, and other infrastructure necessary for reliable electrical service. These agreements preserve the rights of landowners while ensuring the uninterrupted flow of electricity throughout New Hampshire. 3. Types of Easements and Rows: a) Voluntary Easements: Voluntary easements are established through mutual agreements between landowners and utilities. These agreements are usually negotiated, outlining the terms and conditions under which the utility can access and maintain electrical transmission infrastructure on the landowner's property. b) Necessary Easements: Also known as easements by necessity, these legal rights are granted to utilities when there is no reasonable alternative route available to access and maintain the electrical transmission lines effectively. The utility must demonstrate that the easement is necessary to fulfill its obligations. c) Easements through Prescriptive Use: Prescriptive easements may be granted when a utility can prove continuous, open, notorious, and uninterrupted use of a particular property over a significant period. Specific criteria must be met for a prescriptive easement to be established. 4. Right of Way Acquisition Process: a) Negotiation: Utilities typically initiate negotiations with the landowners to acquire the necessary easements and Rows. Discussions involve compensation, terms, and conditions, often facilitated by legal experts and appraisers to ensure a fair agreement that benefits both parties. b) Eminent Domain: If negotiations fail or a landowner refuses to grant an easement, utilities may resort to the power of eminent domain. Eminent domain allows the government or authorized entities to acquire private property for public use while providing fair compensation to the landowner. 5. Landowner Compensation: During negotiations or eminent domain proceedings, landowners are entitled to fair compensation for granting easements and ROW son their properties. Compensation factors include the size of the land, potential impacts on property value, potential environmental effects, inconvenience caused, and loss of property rights. Conclusion: Understanding New Hampshire easement and right of way regulations surrounding electrical transmission lines is crucial for landowners, utilities, and the state as a whole. By following established legal processes and compensating landowners fairly, utilities can efficiently expand and maintain the transmission infrastructure necessary to ensure reliable and resilient electrical service across New Hampshire. Keywords: New Hampshire easement, right of way, electrical transmission lines, property access, landowner compensation, eminent domain, transmission infrastructure.
New Hampshire Easement and Right of Way (For Electrical Transmission Lines - Long Form)
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FAQ
The duty to care for an easement belongs to the owner of the dominant estate.
A conservation easement is a legally binding agreement between a landowner and the easement holder that restricts use of the land subject to the terms of the easement.
The Benefits of a Conservation Easement Protect open space or critical habitat on your land? whether it's a family farm or ranch, wetland, pasture or forest?from encroaching development. Preserve the agricultural value and traditional uses of your land by allowing for continued farming, ranching and timber harvesting.
Drawbacks Of Conservation Easements Most conservation easements are permanent and bind all future landowners (including heirs). Conservation easement holders and farmers may not always share a common vision. Conservation easements can reduce the property's overall value, making the land worth less for future sales.
A conservation easement is a voluntary, legal agreement that permanently limits uses of the land in order to protect its conservation values. Also known as a conservation restriction or conservation agreement, a conservation easement is one option to protect a property for future generations.
Easement holders have the right to access or use another's property for the purpose of the easement. These easement rights are considered non-possessory, as the ownership interest (referred to as the ?fee title?) is still retained by the property owner.
Eversource has acquired all electric utility pole interests previously owned by Consolidated Communications (CCI) in New Hampshire, as approved by the New Hampshire Public Utilities Commission.