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Caleb Crocker

This is off topic, but I would appreciate an explanation of the following from someone with an understanding of the processes. The potential release of the easement is referred to as an abandonment. I assume the city purchased this easement at some time, so if it was determined that they didn't want it, why would they not market it to the current owners? Just fiscal responsibility with tax dollars is my thought?

Lisa Blair

Caleb, these easements are not real property. The property is owned by private individuals. The easements are only the right to access someone’s private property for utilities etc.

Caleb Crocker

Lisa, thanks for the response. Yes, the property is owned by the private individuals, I understand that. But easements do limit the property owners rights with respect to what they can do on said easement. So, generally, when an easement is acquired, it is purchased. My understanding is that other than in the process of development, property owners rarely give easements without direct compensation. So, I'm making the assumption that the property owners sold the easement at some point to the city. My question is, if the city at some point bought the easement, and then later decides that it is no longer needed, instead of abandoning it, why wouldn't they market it to the property owner? Although it is not real property, it is an encumbrance on said real property, thus limiting the use of the property, and ultimately, reducing the value of said property.

Another was to look at my question is if the police department determines it no longer needs a patrol vehicle (an asset to the city, just like the easement), they auction it, they don't abandon it and give it away?

City Manager

These easements were probably part of the original plat of the city.....very old. State law is clear on how these should be disposed of, and it includes a fair market appraisal and whomever is requesting and qualifies for the abandonment must pay that amount in order to consummate the transaction.

Caleb Crocker

Very interesting. Thanks for the info Lisa and City Manager. Kuddos to informed people taking the time to explain.

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