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Private Use of Utility Easement

JH
Jared Harrison
Fri, Jan 28, 2022 3:15 PM

I have a municipality that had a request from a resident to be able to use a dedicated utility easement to lay a private sewer line from their residence to a sewer main. The City likely wouldn’t extend the main line into this utility easement and doesn’t want to pick up the cost of installation and maintenance for one residence, therefore the only real solution to pick up the new customer is to either allow them to lay their own line in the utility easement or require the resident to negotiate their own easement elsewhere.

I know that generally, easements are fairly easy to assign, at least partially, but I wasn’t sure if there were restrictions on a municipality doing something like that when the easement was part of a dedicated plat. It also seems like it could open up a slippery slope if there aren’t reasonable precautions in place to keep from having to allow something every time someone asks.

If anyone has had experience with something like this, I would really appreciate the insight.

Thanks,

Jared Harrison
Harrison & Mecklenburg, Inc.
202 N. 6th Street
P.O. Box 658
Kingfisher, OK 73750
(Phone) 405-375-6484
(Fax) 405-375-6413
Email: jared@hmlawoffice.commailto:jared@hmlawoffice.com
Website: www.hmlawoffice.comhttp://www.hmlawoffice.com/
HM

[AY8OaK+2H4ydAAAAAElFTkSuQmCC]

CONFIDENTIALITY NOTICE:  This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain information which is legally privileged and/or confidential, and is solely for the use of the intended recipient(s). If you are not the intended recipient, any review, disclosure, copying, distribution or use of the information contained in or attached to this transmission is strictly prohibited. If you have received this e-mail transmission in error, please destroy it and notify us immediately at (405) 375-6484.

I have a municipality that had a request from a resident to be able to use a dedicated utility easement to lay a private sewer line from their residence to a sewer main. The City likely wouldn’t extend the main line into this utility easement and doesn’t want to pick up the cost of installation and maintenance for one residence, therefore the only real solution to pick up the new customer is to either allow them to lay their own line in the utility easement or require the resident to negotiate their own easement elsewhere. I know that generally, easements are fairly easy to assign, at least partially, but I wasn’t sure if there were restrictions on a municipality doing something like that when the easement was part of a dedicated plat. It also seems like it could open up a slippery slope if there aren’t reasonable precautions in place to keep from having to allow something every time someone asks. If anyone has had experience with something like this, I would really appreciate the insight. Thanks, Jared Harrison Harrison & Mecklenburg, Inc. 202 N. 6th Street P.O. Box 658 Kingfisher, OK 73750 (Phone) 405-375-6484 (Fax) 405-375-6413 Email: jared@hmlawoffice.com<mailto:jared@hmlawoffice.com> Website: www.hmlawoffice.com<http://www.hmlawoffice.com/> HM [AY8OaK+2H4ydAAAAAElFTkSuQmCC] CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain information which is legally privileged and/or confidential, and is solely for the use of the intended recipient(s). If you are not the intended recipient, any review, disclosure, copying, distribution or use of the information contained in or attached to this transmission is strictly prohibited. If you have received this e-mail transmission in error, please destroy it and notify us immediately at (405) 375-6484.
JM
Jon Miller
Fri, Jan 28, 2022 3:39 PM

Like streets, the dedicated easements are held in public trust by the City for the use of the public for utilities, etc.  The City does not own the fee, but only the right to use for the public.  I would question whether the City could transfer any interest in a public easement to a third party for a private use.  I would want to research that issue.  Arguably, such a transfer would be of no effect because the city's right to use is limited to a public use, not a private use.  Also, I would want to research whether the holder of an easement can partially transfer easement rights to a third party (the owner could argue that such a transfer would overburden the property).  The City would also need to charge for the easement.  Otherwise, it would be a prohibited gift.  Finally, as a practical matter does the city want a private party having the right to go into the easement and perhaps damage other facilities located there.

The City should consider entering into an agreement where the private resident constructs the sewer line to City specifications and then that portion of the sewer line in the easement is dedicated to the City, similar to what developers do.  Our city has an ordinance that also requires a maintenance bond for a short period.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

From: Jared Harrison jared@hmlawoffice.com
Sent: Friday, January 28, 2022 9:16 AM
To: OAMA@lists.imla.org
Subject: [Oama] Private Use of Utility Easement

I have a municipality that had a request from a resident to be able to use a dedicated utility easement to lay a private sewer line from their residence to a sewer main. The City likely wouldn't extend the main line into this utility easement and doesn't want to pick up the cost of installation and maintenance for one residence, therefore the only real solution to pick up the new customer is to either allow them to lay their own line in the utility easement or require the resident to negotiate their own easement elsewhere.

I know that generally, easements are fairly easy to assign, at least partially, but I wasn't sure if there were restrictions on a municipality doing something like that when the easement was part of a dedicated plat. It also seems like it could open up a slippery slope if there aren't reasonable precautions in place to keep from having to allow something every time someone asks.

If anyone has had experience with something like this, I would really appreciate the insight.

Thanks,

Jared Harrison
Harrison & Mecklenburg, Inc.
202 N. 6th Street
P.O. Box 658
Kingfisher, OK 73750
(Phone) 405-375-6484
(Fax) 405-375-6413
Email: jared@hmlawoffice.commailto:jared@hmlawoffice.com
Website: www.hmlawoffice.comhttps://us-west-2.protection.sophos.com?d=hmlawoffice.com&u=aHR0cDovL3d3dy5obWxhd29mZmljZS5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=U1hlZ3JwZ1dURjBkc1JGNVhvR3BSNHZxN0tXdEg2cFMyb0NlWjlBSkdKND0=&h=0629c707e7b5480984346bb51af5f972
HM

[AY8OaK+2H4ydAAAAAElFTkSuQmCC]

CONFIDENTIALITY NOTICE:  This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain information which is legally privileged and/or confidential, and is solely for the use of the intended recipient(s). If you are not the intended recipient, any review, disclosure, copying, distribution or use of the information contained in or attached to this transmission is strictly prohibited. If you have received this e-mail transmission in error, please destroy it and notify us immediately at (405) 375-6484.

Like streets, the dedicated easements are held in public trust by the City for the use of the public for utilities, etc. The City does not own the fee, but only the right to use for the public. I would question whether the City could transfer any interest in a public easement to a third party for a private use. I would want to research that issue. Arguably, such a transfer would be of no effect because the city's right to use is limited to a public use, not a private use. Also, I would want to research whether the holder of an easement can partially transfer easement rights to a third party (the owner could argue that such a transfer would overburden the property). The City would also need to charge for the easement. Otherwise, it would be a prohibited gift. Finally, as a practical matter does the city want a private party having the right to go into the easement and perhaps damage other facilities located there. The City should consider entering into an agreement where the private resident constructs the sewer line to City specifications and then that portion of the sewer line in the easement is dedicated to the City, similar to what developers do. Our city has an ordinance that also requires a maintenance bond for a short period. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Jared Harrison <jared@hmlawoffice.com> Sent: Friday, January 28, 2022 9:16 AM To: OAMA@lists.imla.org Subject: [Oama] Private Use of Utility Easement I have a municipality that had a request from a resident to be able to use a dedicated utility easement to lay a private sewer line from their residence to a sewer main. The City likely wouldn't extend the main line into this utility easement and doesn't want to pick up the cost of installation and maintenance for one residence, therefore the only real solution to pick up the new customer is to either allow them to lay their own line in the utility easement or require the resident to negotiate their own easement elsewhere. I know that generally, easements are fairly easy to assign, at least partially, but I wasn't sure if there were restrictions on a municipality doing something like that when the easement was part of a dedicated plat. It also seems like it could open up a slippery slope if there aren't reasonable precautions in place to keep from having to allow something every time someone asks. If anyone has had experience with something like this, I would really appreciate the insight. Thanks, Jared Harrison Harrison & Mecklenburg, Inc. 202 N. 6th Street P.O. Box 658 Kingfisher, OK 73750 (Phone) 405-375-6484 (Fax) 405-375-6413 Email: jared@hmlawoffice.com<mailto:jared@hmlawoffice.com> Website: www.hmlawoffice.com<https://us-west-2.protection.sophos.com?d=hmlawoffice.com&u=aHR0cDovL3d3dy5obWxhd29mZmljZS5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=U1hlZ3JwZ1dURjBkc1JGNVhvR3BSNHZxN0tXdEg2cFMyb0NlWjlBSkdKND0=&h=0629c707e7b5480984346bb51af5f972> HM [AY8OaK+2H4ydAAAAAElFTkSuQmCC] CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain information which is legally privileged and/or confidential, and is solely for the use of the intended recipient(s). If you are not the intended recipient, any review, disclosure, copying, distribution or use of the information contained in or attached to this transmission is strictly prohibited. If you have received this e-mail transmission in error, please destroy it and notify us immediately at (405) 375-6484.
JM
Jon Miller
Fri, Jan 28, 2022 4:39 PM

Jared,

I pulled the attached from prior research on this issue.  Hope they help.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

From: Jared Harrison jared@hmlawoffice.com
Sent: Friday, January 28, 2022 9:16 AM
To: OAMA@lists.imla.org
Subject: [Oama] Private Use of Utility Easement

I have a municipality that had a request from a resident to be able to use a dedicated utility easement to lay a private sewer line from their residence to a sewer main. The City likely wouldn't extend the main line into this utility easement and doesn't want to pick up the cost of installation and maintenance for one residence, therefore the only real solution to pick up the new customer is to either allow them to lay their own line in the utility easement or require the resident to negotiate their own easement elsewhere.

I know that generally, easements are fairly easy to assign, at least partially, but I wasn't sure if there were restrictions on a municipality doing something like that when the easement was part of a dedicated plat. It also seems like it could open up a slippery slope if there aren't reasonable precautions in place to keep from having to allow something every time someone asks.

If anyone has had experience with something like this, I would really appreciate the insight.

Thanks,

Jared Harrison
Harrison & Mecklenburg, Inc.
202 N. 6th Street
P.O. Box 658
Kingfisher, OK 73750
(Phone) 405-375-6484
(Fax) 405-375-6413
Email: jared@hmlawoffice.commailto:jared@hmlawoffice.com
Website: www.hmlawoffice.comhttps://us-west-2.protection.sophos.com?d=hmlawoffice.com&u=aHR0cDovL3d3dy5obWxhd29mZmljZS5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=U1hlZ3JwZ1dURjBkc1JGNVhvR3BSNHZxN0tXdEg2cFMyb0NlWjlBSkdKND0=&h=0629c707e7b5480984346bb51af5f972
HM

[AY8OaK+2H4ydAAAAAElFTkSuQmCC]

CONFIDENTIALITY NOTICE:  This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain information which is legally privileged and/or confidential, and is solely for the use of the intended recipient(s). If you are not the intended recipient, any review, disclosure, copying, distribution or use of the information contained in or attached to this transmission is strictly prohibited. If you have received this e-mail transmission in error, please destroy it and notify us immediately at (405) 375-6484.

Jared, I pulled the attached from prior research on this issue. Hope they help. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Jared Harrison <jared@hmlawoffice.com> Sent: Friday, January 28, 2022 9:16 AM To: OAMA@lists.imla.org Subject: [Oama] Private Use of Utility Easement I have a municipality that had a request from a resident to be able to use a dedicated utility easement to lay a private sewer line from their residence to a sewer main. The City likely wouldn't extend the main line into this utility easement and doesn't want to pick up the cost of installation and maintenance for one residence, therefore the only real solution to pick up the new customer is to either allow them to lay their own line in the utility easement or require the resident to negotiate their own easement elsewhere. I know that generally, easements are fairly easy to assign, at least partially, but I wasn't sure if there were restrictions on a municipality doing something like that when the easement was part of a dedicated plat. It also seems like it could open up a slippery slope if there aren't reasonable precautions in place to keep from having to allow something every time someone asks. If anyone has had experience with something like this, I would really appreciate the insight. Thanks, Jared Harrison Harrison & Mecklenburg, Inc. 202 N. 6th Street P.O. Box 658 Kingfisher, OK 73750 (Phone) 405-375-6484 (Fax) 405-375-6413 Email: jared@hmlawoffice.com<mailto:jared@hmlawoffice.com> Website: www.hmlawoffice.com<https://us-west-2.protection.sophos.com?d=hmlawoffice.com&u=aHR0cDovL3d3dy5obWxhd29mZmljZS5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=U1hlZ3JwZ1dURjBkc1JGNVhvR3BSNHZxN0tXdEg2cFMyb0NlWjlBSkdKND0=&h=0629c707e7b5480984346bb51af5f972> HM [AY8OaK+2H4ydAAAAAElFTkSuQmCC] CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain information which is legally privileged and/or confidential, and is solely for the use of the intended recipient(s). If you are not the intended recipient, any review, disclosure, copying, distribution or use of the information contained in or attached to this transmission is strictly prohibited. If you have received this e-mail transmission in error, please destroy it and notify us immediately at (405) 375-6484.
TE
Tammy Ewing
Fri, Jan 28, 2022 9:22 PM

I'm not totally sure I understand the question, but I'm going to take a stab at it.  It sounds like the private owner wants to tap into a main sewer line (basically a really big pipe as opposed to the smaller pipes which run through the subdivision).  This would require installation of a new manhole.  I typically advise against allowing taps into main lines as it jeopardizes the integrity of the system, but we occasionally did it in Broken Arrow.  When we did, there was a $10,000 fee, as the City had to do the work so the private landowner's licensed plumber would have something to tap into.  The City would take an easement to where the City extended the manhole, but otherwise, the City would not take an easement from the private landowner; the line the landowner extended would remain upon his land and would remain a private line.  You wouldn't want to accept a dedication of this private line, as there is no public purpose to having it; it goes only to a private residence/building/etc.  You would need a written agreement or permit for the above-described procedure.

Additional thoughts:  1) Technically, utility easements are non-exclusive.  I know there are private sewer plants - although they are rare.  Your private landowner could technically run a sewer line in a utility easement, but it's highly unlikely he could meet all the DEQ requirements, etc.  And, he would need to tap into the city-owned main line eventually anyway.  I just don't see this as do-able.  2) I don't think a city can assign a utility easement to a private entity.  If no utilities have already been laid in the easement, the easement can be closed and vacated and returned to the abutting landowner(s) per 11 OS 42-101, et seq. 3) I caution against allowing private entities to do work on your main sewer lines.

I'm very much not an engineer. (I went to law school because I can't do math.)  I suggest you discuss this with a city engineer.

These are just Friday afternoon thoughts - for what they are worth.  Have a great weekend!

Tammy

[cid:image002.jpg@01D8145A.DC881E70]
Tammy Ewing
Attorney & Mediator
Ewing Law Office, PLLC

Phone: (918) 752-9550
Email: tammy@ewing.legalmailto:tammy@ewing.legal
Website : ewing.legalhttp://www.ewing.legal/
751 West 150th Street
Glenpool, OK  74033

Now Scheduling Mediations through DRC!
http://www.drc-ok.com/scheduling

From: Jon Miller JMiller@cityofmustang.org
Sent: Friday, January 28, 2022 9:39 AM
To: Jared Harrison jared@hmlawoffice.com; OAMA@lists.imla.org
Subject: [Oama] Re: Private Use of Utility Easement

Like streets, the dedicated easements are held in public trust by the City for the use of the public for utilities, etc.  The City does not own the fee, but only the right to use for the public.  I would question whether the City could transfer any interest in a public easement to a third party for a private use.  I would want to research that issue.  Arguably, such a transfer would be of no effect because the city's right to use is limited to a public use, not a private use.  Also, I would want to research whether the holder of an easement can partially transfer easement rights to a third party (the owner could argue that such a transfer would overburden the property).  The City would also need to charge for the easement.  Otherwise, it would be a prohibited gift.  Finally, as a practical matter does the city want a private party having the right to go into the easement and perhaps damage other facilities located there.

The City should consider entering into an agreement where the private resident constructs the sewer line to City specifications and then that portion of the sewer line in the easement is dedicated to the City, similar to what developers do.  Our city has an ordinance that also requires a maintenance bond for a short period.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

From: Jared Harrison <jared@hmlawoffice.commailto:jared@hmlawoffice.com>
Sent: Friday, January 28, 2022 9:16 AM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] Private Use of Utility Easement

I have a municipality that had a request from a resident to be able to use a dedicated utility easement to lay a private sewer line from their residence to a sewer main. The City likely wouldn't extend the main line into this utility easement and doesn't want to pick up the cost of installation and maintenance for one residence, therefore the only real solution to pick up the new customer is to either allow them to lay their own line in the utility easement or require the resident to negotiate their own easement elsewhere.

I know that generally, easements are fairly easy to assign, at least partially, but I wasn't sure if there were restrictions on a municipality doing something like that when the easement was part of a dedicated plat. It also seems like it could open up a slippery slope if there aren't reasonable precautions in place to keep from having to allow something every time someone asks.

If anyone has had experience with something like this, I would really appreciate the insight.

Thanks,

Jared Harrison
Harrison & Mecklenburg, Inc.
202 N. 6th Street
P.O. Box 658
Kingfisher, OK 73750
(Phone) 405-375-6484
(Fax) 405-375-6413
Email: jared@hmlawoffice.commailto:jared@hmlawoffice.com
Website: www.hmlawoffice.comhttps://us-west-2.protection.sophos.com?d=hmlawoffice.com&u=aHR0cDovL3d3dy5obWxhd29mZmljZS5jb20v&i=NjBhNjhkYzZhZmIzMmUwZjVhOTkxZDZk&t=U1hlZ3JwZ1dURjBkc1JGNVhvR3BSNHZxN0tXdEg2cFMyb0NlWjlBSkdKND0=&h=0629c707e7b5480984346bb51af5f972
HM

[AY8OaK+2H4ydAAAAAElFTkSuQmCC]

CONFIDENTIALITY NOTICE:  This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain information which is legally privileged and/or confidential, and is solely for the use of the intended recipient(s). If you are not the intended recipient, any review, disclosure, copying, distribution or use of the information contained in or attached to this transmission is strictly prohibited. If you have received this e-mail transmission in error, please destroy it and notify us immediately at (405) 375-6484.

I'm not totally sure I understand the question, but I'm going to take a stab at it. It sounds like the private owner wants to tap into a main sewer line (basically a really big pipe as opposed to the smaller pipes which run through the subdivision). This would require installation of a new manhole. I typically advise against allowing taps into main lines as it jeopardizes the integrity of the system, but we occasionally did it in Broken Arrow. When we did, there was a $10,000 fee, as the City had to do the work so the private landowner's licensed plumber would have something to tap into. The City would take an easement to where the City extended the manhole, but otherwise, the City would not take an easement from the private landowner; the line the landowner extended would remain upon his land and would remain a private line. You wouldn't want to accept a dedication of this private line, as there is no public purpose to having it; it goes only to a private residence/building/etc. You would need a written agreement or permit for the above-described procedure. Additional thoughts: 1) Technically, utility easements are non-exclusive. I know there are private sewer plants - although they are rare. Your private landowner could technically run a sewer line in a utility easement, but it's highly unlikely he could meet all the DEQ requirements, etc. And, he would need to tap into the city-owned main line eventually anyway. I just don't see this as do-able. 2) I don't think a city can assign a utility easement to a private entity. If no utilities have already been laid in the easement, the easement can be closed and vacated and returned to the abutting landowner(s) per 11 OS 42-101, et seq. 3) I caution against allowing private entities to do work on your main sewer lines. I'm very much not an engineer. (I went to law school because I can't do math.) I suggest you discuss this with a city engineer. These are just Friday afternoon thoughts - for what they are worth. Have a great weekend! Tammy [cid:image002.jpg@01D8145A.DC881E70] Tammy Ewing Attorney & Mediator Ewing Law Office, PLLC Phone: (918) 752-9550 Email: tammy@ewing.legal<mailto:tammy@ewing.legal> Website : ewing.legal<http://www.ewing.legal/> 751 West 150th Street Glenpool, OK 74033 Now Scheduling Mediations through DRC! http://www.drc-ok.com/scheduling From: Jon Miller <JMiller@cityofmustang.org> Sent: Friday, January 28, 2022 9:39 AM To: Jared Harrison <jared@hmlawoffice.com>; OAMA@lists.imla.org Subject: [Oama] Re: Private Use of Utility Easement Like streets, the dedicated easements are held in public trust by the City for the use of the public for utilities, etc. The City does not own the fee, but only the right to use for the public. I would question whether the City could transfer any interest in a public easement to a third party for a private use. I would want to research that issue. Arguably, such a transfer would be of no effect because the city's right to use is limited to a public use, not a private use. Also, I would want to research whether the holder of an easement can partially transfer easement rights to a third party (the owner could argue that such a transfer would overburden the property). The City would also need to charge for the easement. Otherwise, it would be a prohibited gift. Finally, as a practical matter does the city want a private party having the right to go into the easement and perhaps damage other facilities located there. The City should consider entering into an agreement where the private resident constructs the sewer line to City specifications and then that portion of the sewer line in the easement is dedicated to the City, similar to what developers do. Our city has an ordinance that also requires a maintenance bond for a short period. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Jared Harrison <jared@hmlawoffice.com<mailto:jared@hmlawoffice.com>> Sent: Friday, January 28, 2022 9:16 AM To: OAMA@lists.imla.org<mailto:OAMA@lists.imla.org> Subject: [Oama] Private Use of Utility Easement I have a municipality that had a request from a resident to be able to use a dedicated utility easement to lay a private sewer line from their residence to a sewer main. The City likely wouldn't extend the main line into this utility easement and doesn't want to pick up the cost of installation and maintenance for one residence, therefore the only real solution to pick up the new customer is to either allow them to lay their own line in the utility easement or require the resident to negotiate their own easement elsewhere. I know that generally, easements are fairly easy to assign, at least partially, but I wasn't sure if there were restrictions on a municipality doing something like that when the easement was part of a dedicated plat. It also seems like it could open up a slippery slope if there aren't reasonable precautions in place to keep from having to allow something every time someone asks. If anyone has had experience with something like this, I would really appreciate the insight. Thanks, Jared Harrison Harrison & Mecklenburg, Inc. 202 N. 6th Street P.O. 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