Waterline easement
Colleagues:
I represent a Town (Town Board of Trustees Form of Government). A Developer is developing a small sub-division of homes 3-5 miles outside of Town limits. The proposed sub-division is within the boundaries of a Rural Water District. The District does not have sufficient water to serve the sub-division, therefore has agreed to allow Town to supply water to the sub-division. The Developer will need to obtain easements for the waterline from Town to the sub-division. Developer proposes to present easements to landowners showing the Town as the Grantee, even though he would be paying for the easements. It appears to me there could be several issues concerning Developer proceeding in this matter.
My advice to Town is that Developer obtain the easements in Developer's name and thereafter assign same to Town. Do you agree? Is an acceptance from the Board enough or should the Developer dedicate the easements to Town?
Your feedback will be appreciated.
Joe
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Several things to worry about. Federal law prohibits municipalities from serving in rural water district. I don’t remember the cite, but it is in 7 USC maybe 1902? (Sorry I don’t remember)
If they are developing in the County, is there County zoning?
If there is a plat, is there a deed of dedication?
If they want easements for the Town, how will the Town reach the development?
Good luck!
Mark Ramsey
Sent from my iPhone
On Apr 17, 2023, at 1:05 PM, Joe Weaver jweaver@basslaw.net wrote:
Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail.
Colleagues:
I represent a Town (Town Board of Trustees Form of Government). A Developer is developing a small sub-division of homes 3-5 miles outside of Town limits. The proposed sub-division is within the boundaries of a Rural Water District. The District does not have sufficient water to serve the sub-division, therefore has agreed to allow Town to supply water to the sub-division. The Developer will need to obtain easements for the waterline from Town to the sub-division. Developer proposes to present easements to landowners showing the Town as the Grantee, even though he would be paying for the easements. It appears to me there could be several issues concerning Developer proceeding in this matter.
My advice to Town is that Developer obtain the easements in Developer’s name and thereafter assign same to Town. Do you agree? Is an acceptance from the Board enough or should the Developer dedicate the easements to Town?
Your feedback will be appreciated.
Joe
NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.
Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
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7 USC 1926(b). At least one attorney in Oklahoma has made a quite lucrative career from nothing but suing cities and utilities for infringing upon federally protected rural water districts. The original concept was a good one: since federal loans are collateralized by the assets of a RWD, it made sense to ensure that the assets were assured of undisturbed continued operations. But it has become a monopoly perpetuated by the practice of RWD's never paying off their loans. Bottom line: meet with the RWD board to assure both and your town that you will not be moving into 1926(b) protected territory.
Respectfully Yours,
Lowell
22309 E. 67th Street
Broken Arrow, OK 74014
(918) 805-4090
Lpeterson@live.com
-------- Original message --------
From: Mark Ramsey MRamsey@soonerlaw.com
Date: 4/17/23 5:22 PM (GMT-06:00)
To: Joe Weaver jweaver@basslaw.net
Cc: "OAMA luistserv (OAMA@lists.imla.org)" oama@lists.imla.org
Subject: [Oama] Re: Waterline easement
Several things to worry about. Federal law prohibits municipalities from serving in rural water district. I don’t remember the cite, but it is in 7 USC maybe 1902? (Sorry I don’t remember)
If they are developing in the County, is there County zoning?
If there is a plat, is there a deed of dedication?
If they want easements for the Town, how will the Town reach the development?
Good luck!
Mark Ramsey
Sent from my iPhone
On Apr 17, 2023, at 1:05 PM, Joe Weaver jweaver@basslaw.net wrote:
Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail.
Colleagues:
I represent a Town (Town Board of Trustees Form of Government). A Developer is developing a small sub-division of homes 3-5 miles outside of Town limits. The proposed sub-division is within the boundaries of a Rural Water District. The District does not have sufficient water to serve the sub-division, therefore has agreed to allow Town to supply water to the sub-division. The Developer will need to obtain easements for the waterline from Town to the sub-division. Developer proposes to present easements to landowners showing the Town as the Grantee, even though he would be paying for the easements. It appears to me there could be several issues concerning Developer proceeding in this matter.
My advice to Town is that Developer obtain the easements in Developer’s name and thereafter assign same to Town. Do you agree? Is an acceptance from the Board enough or should the Developer dedicate the easements to Town?
Your feedback will be appreciated.
Joe
NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.
Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
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