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Who owns the
utility easement?
The property owner owns all of the land including the utility easements.
However, utilities have a right to access that portion of land which has been
designated a utility easement.
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How are
utility easements created?
Utility easements are usually created at the time a
plat for a new development is designed. Utility easements almost always exist
along streets and along rear lot lines, and sometimes exist between two lots.
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Why is it
important to keep easements clear?
Keeping utility easements clear helps utility
companies perform routine maintenance (e.g. replace a pole), construct
improvement projects (e.g. install a new sanitary sewer), and repair utility
lines during emergencies (e.g. remove a tree which has fallen on a power line
during a lightning storm.)
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What if I
build on an existing easement?
Infrastructure construction is subject to Building Setback Lines, and therefore
cannot be built within the easement. Setback lines are shown on your
subdivision plat. Subdivision plats are available at the City’s
planning department.
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What if I
build a fence in an easement?
An obstruction in the way of a utility company lengthens outage or interruption
by making the utility company move obstructions out of the way. The damage
caused by moving an object out of the way or removing a fence is not the
responsibility of the utility company. The utility company, by the rights of the
easement, has the power to do what it takes to maintain the utility.
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Can I place
decorative landscaping on a Utility Easement?
Most Utilities encourage decorative landscaping within the utility right-of way
with the understanding that any materials placed within the boundaries of the
utility easement are subject to damage and are not the responsibility of the
utility owner. Any replacement cost for such damages is clearly at the
discretion of the utility owner.
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What about
damages of my landscaping from Utility Marking for Construction?
By law, Utilities have the right to mark utility locations in a discrete,
non-obtrusive manner, within the boundaries of the utility easement. The type,
color and location of these markings are regulated under state law. Although
utilities will usually make an effort to limit damage to landscaping, all
damages to landscaping located within the boundaries of the utility easement are
the responsibility of the land-owner.
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