Interference with public works projects

Last modified: July 31, 2017
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When considering acceptance of an easement, VOF weighs whether an easement on a property may interfere with an anticipated or planned public works project. VOF considers the extent to which planning for the public works project has been finalized, and the practicality and availability of other options for achieving the purpose of the public works project. VOF could suggest provisions in the deed of easement to forestall a conflict between the public works projects or decide it cannot accept the easement. Where an existing road or railroad or utility expansion is in an existing plan, that expansion cannot be blocked, and must be accommodated within the easement’s terms.

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