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In our series on eminent domain, we’ve primarily focused on situations where the government takes full or partial ownership of private property. But what happens when the government only needs access to your property for a specific purpose, such as installing utility lines or building a road? This is where “easements” come into play.

What is an Easement?

An easement is a legal right that grants someone other than the property owner the right to use a specific portion of the property for a defined purpose. In eminent domain cases, the government often seeks easements to:

• Install utility lines: This could include electric power lines, gas pipelines, water pipes, or telecommunications cables.
• Build roads or access routes: The government may need an easement to construct a new road or provide access to an existing road.
• Create drainage or access for public works: Easements may be necessary for drainage systems, flood control, or other public works projects.

Types of Easements

There are various aspects of an easement, each creating different implications for property owners:

• Permanent Easements: These grant ongoing access to the property for the defined purpose, potentially indefinitely.
• Temporary Easements: These grant access for a limited time, typically for construction or maintenance purposes.
• Exclusive Easements: These grant the easement holder exclusive use of the specified portion of the property.
• Non-Exclusive Easements: These allow the property owner to continue using the portion of the property subject to the easement, as long as it doesn’t interfere with the easement holder’s use.

Full Compensation for Easements

Even though an easement doesn’t transfer total ownership of the property, it still impacts the property owner’s rights. Therefore, the government must provide “full compensation” when taking an easement through the eminent domain power.

Compensation for an easement may include:

• The fair market value of the easement area: This is calculated based on the value of the land itself and any impact on the property’s overall value.
• Severance damages: If the easement reduces the value of the remaining property, the owner may be entitled to severance damages.
• Damages caused by the easement holder’s use: The property owner may be entitled to compensation for any damage caused by the easement holder’s activities, such as during construction or maintenance.

Protecting Your Rights

If the government seeks an easement on your property, it’s crucial to understand your rights and options. An experienced eminent domain attorney can help you:

• Negotiate the terms of the easement: Ensure the easement agreement protects your interests and minimizes the impact on your property.
• Determine full compensation: Obtain an independent appraisal to assess the fair market value of the easement and any potential damages.
• Challenge the easement in court: If necessary, contest the easement’s necessity or the amount of compensation offered.

Brigham Property Rights: Your Experienced Easement Counsel

At Brigham Property Rights, we have extensive experience handling eminent domain cases involving easements. We can help you understand your rights, negotiate with the condemning authority, and protect your property interests.

If you’re facing an easement issue related to eminent domain, don’t hesitate to contact us. We’re here to provide the legal guidance and representation you need.