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Easements
To
The Property Owner:
When
it is necessary for the Prince William County Service
Authority to obtain easement rights for utility installation,
you will find this brochure especially useful.The
acquisition of utility easements for water and/or sanitary
sewer facilities complies with the laws of the Commonwealth
of Virginia, which have been enacted to protect your
interest as a property owner and to assure the orderly
progress of construction for necessary public utilities.I
hope you will read this brochure to become better informed
of the steps that we follow in negotiating the easement
rights on your private property for public use.I
believe that you will agree that the policies and procedures
explained here will lead to an easement grant that is
fair, straightforward and satisfactory.
Sincerely,
Charles R. Weber, P. E.
Director
Introduction
What is an easement?
How will I
be informed of the utility project?
How is an easement
acquired?
What does the
appraisal process involve?
How are negotiations
carried out?
What if I decide
to grant the easement?
How will I be paid
for the easement?
What if I am unwilling
to grant the easement?
What if I lose
vegetation during construction?
What if I am unhappy
with the construction?
Where can I get additional
information?
Introduction
The
Prince William County Service Authority (PWCSA) is responsible
for the existing and future public water and sanitary sewer
systems and facilities in most of Prince William County. This
involves the general maintenance, upgrades, and new construction
as the need arises in our community. To accomplish
new construction on private property, it becomes necessary
to acquire right of way easements to allow installation of
utilities and to guarantee access for future maintenance
by a public agency. The PWCSA’s
goal is to ensure that an easement right is obtained
in the most fair and economical means without
adversely impacting the property. This brochure will
provide you
with information
about PWCSA 's process of acquiring right of
way easements for our utility projects as well
as answers to commonly asked
questions regarding this process.The PWCSA
is prepared to assist you by all means available so that
you develop a clear understanding of the project as well
as its impact and benefits to you, your property and the
citizens of Prince William County.
What
is an easement?
An
easement is a legal document that conveys limited property
rights from the grantor (landowner) to the grantee (PWCSA).
An easement only grants restricted use of the property as detailed
in the deed of easement and plat, and is not a transfer in
real estate ownership. For this reason, easements are usually
obtained though donations or negotiations.There are
two types of easements commonly employed in the construction
of public water and sewer utility projects. The first is
a permanent easement that grants perpetual rights to access,
install, operate, repair, replace, and maintain specified
utility pipelines or facilities. The second is a temporary
easement that conveys temporary access and construction rights
that terminate upon the completion of the construction of
the project.
How
will I be informed of the utility project?
A
PWCSA representative will initially contact you by phone, if
possible, and discuss the proposed project, its scope and impact
on your land. Following this conversation, a package will be
assembled and either hand delivered or forwarded to the property
via the U S Mail.This informational
package usually includes the proposed deed of easement, a
plan or sketch illustrating the location of the utility,
and any other supporting data that will assist you in understanding
the scope of the project. You will
be given a reasonable period of time to review the contents
of the package and to respond, to ask questions, to request
a meeting, or to grant the easement.
How
is an easement acquired?
Utility
easements are acquired during one of the following three phases:
preliminary, negotiation or condemnation. After review
of the informational package during the preliminary stage,
if the landowner desires to donate the requested easement
without compensation, this can be accomplished by signing
and notarizing the proposed easement document. If the landowner
desires to receive compensation for the value of the requested
easement rights, the negotiation phase begins. Based on assessments,
a fair value is established for the easement, and if a negotiated
sum is agreed upon, the revised document is signed and notarized
by the landowner and delivered to PWCSA in exchange for the
agreed payment. Most often, easements are granted during
this period. However,
if no agreement can be reached and no reasonable
alternative locations for the utility installation
can be established,
the PWCSA’s Board of Directors may elect to obtain the
required easement right by condemnation. Used
rarely and only as a last resort, condemnation
of easement property
rights under the Powers of Eminent Domain has
been granted by the Commonwealth of Virginia
to protect the rights of
the property owner as well as the community.
What
does the appraisal process involve?
An
appraisal establishes monetary value for the property
rights being transferred with a given easement. Initially,
the compensation
offered is based on tax assessments and the PWCSA’s prior
experience with easement acquisitions and valuations.
Compensation in excess of the appraised value of the
rights being acquired
may be offered as an incentive for the landowner to voluntarily
grant the easement. An on-site meeting to review the
project and compensation offer is beneficial at this
stage.
If
both parties cannot agree upon a value, PWCSA will employ
an outside certified appraiser. Based on current accepted practices,
your property will be evaluated and a fair monetary value
established.
Since an easement involves a partial use of the property
and is not a transfer of ownership of all property rights,
value
will be less than if the property was bought outright
(fee simple) by the PWCSA.You may
want to accompany the appraiser to point out any unusual
features or to provide information that you think will be
useful as part of the appraisal. Once the appraisal has been
completed, the monetary value established will be offered
as fair market value for the easement. The appraised value
may be more or less than the earlier offer.
How
are negotiations carried out?
Negotiations
may be completed by telephone or through the U S Mail system
provided the project is not unusual, or does not involve site
visits, or community meetings. A PWCSA
representative will be available at all times to talk by
telephone or meet in person as the need arises. If you have
questions about the project, the monetary consideration offered,
or how the project will affect your property, do not hesitate
to ask the representative.You will
have a stated period of time to consider the offer, and the
representative will contact you again to discuss the offer
and answer questions.
What
if I decide to grant the easement?
If
you decide to grant the easement, sign the document, and have
it notarized and return it to the PWCSA. It is essential that
all persons or entities having any ownership interest in a
given property are identified, listed as a grantor in the deed
of easement agreement and sign the deed in the presence of
a Notary Public.
How
will I be paid for the easement?
Upon
delivering the signed and notarized easement document to PWCSA,
a check for the amount agreed to during negotiations will be
exchanged for the easement document.
What
if I an unwilling to grant the easement?
If
good faith negotiations fail to result in an easement grant,
the PWCSA will look at other possibilities for installing the
utilities. However, if alternative routes for installation
are not economically feasible, then the PWCSA will consider
utilizing its powers of eminent domain to condemn the required
easement rights. Prior to
doing so, the property owner will be notified by certified
mail of the final request for the easement grant with the
highest monetary offer the PWCSA is willing to provide. Compensation
in excess of the appraised value of the easements being acquired
is to be viewed only as an incentive for the property owner
to voluntarily grant the easement. If condemnation proceedings
become necessary, PWCSA is legally obligated to offer only
the appraised value. Eminent
domain proceedings will be initiated only after
a report has been submitted to the General
Manager and authorization to proceed has been approved
by the PWCSA’s Board of
Directors. A Certificate of Take along with the deed of easement
and plat, will be recorded in the Circuit Court Records,
and funds equal to the appraised valuation will be deposited
with the Clerk of the Circuit Court. At this point, you can
accept the funds at the Clerk’s office or proceed with
your legal counsel to resolve the matter in court.
Once a Certificate of Taking is filed, PWCSA
must file a condemnation
suit within a reasonable time frame after the
utility project is completedBy using
the right of eminent domain, the PWCSA can immediately proceed
with the construction projects while protecting your rights
as a property owner to receive fair value.
What
if I lose vegetation during construction?
It
is a normal occurrence during the process of construction to
lose trees and vegetation. Throughout the design of the project,
PWCSA will do it's best to minimize impact on current site
conditions. PWCSA will require the contractor to restore your
property as near as possible to its condition prior to start
of construction.
What
if I am unhappy with the construction?
If
you are dissatisfied with site conditions during the course
of construction or following construction, contact your PWCSA
representative. The PWCSA will investigate your concerns and
take the appropriate action. This action may involve a determination
that the project development and the site restoration is or
is not in compliance with the project specifications
.Where
can I get additional information?
After
your PWCSA representative has contacted you in person, your
best source of assistance is through this representative. If
for any reason you are dissatisfied with the information or
service the representative provides, please call the Director
of Engineering.
In Person:
Charles
R. Weber, P. E., Director
Division
of Engineering &Wastewater Treatment
4
County Complex Court
Woodbridge,
VA 22193
Directions
to the Service Authority
By Phone:
(703)-335-7929
By
e-mail:
Weber@pwcsa.org
By Mail:
Charles
R. Weber, P. E., Director
Division
of Engineering & Wastewater Treatment
P.O.
Box 2266
Woodbridge,
VA 22192-0266<Top
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