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SoCal911T SoCal911T is offline
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Join Date: Dec 2002
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The first thing I would do is find out how much of the property is encumbered by an easement. You can contact the pipeline owners to see if they’ll mark the easement boundaries. My agency has a full time survey crew and we do this for free as we think it’s in everyone’s best interest to know where the easement is.
The second thing I would do is get a copy of the actual easement document and see what the restrictions are.
I work for a water agency that has 100s of miles of pipelines going through private property from 48” to 118” diameter.
Easement language varies widely but just for an example, here are what we consider “prohibited uses”:


(a) Use of Agency right of way by any person except the Agency or the
Agency’s officers, employees, agents or contractors for Agency purposes is prohibited
except as otherwise authorized by this chapter. Whenever an exemption or exception from the
provisions or requirements of this chapter is claimed by any person under the terms of a
franchise, agreement, deed, statute, governmental regulation or legal ground the burden shall be
on the person claiming the exemption to establish the authority, scope and extent of the
exemption to the reasonable satisfaction of the Agency.

(b) The following detrimental uses are prohibited in Agency’s rights of way;

1. Telecommunication antennas or towers, or satellite dishes on permanent
foundations, except receive-only or “ham” radio antenna of the owner property
subject to Agency right of way;

2. Any use or structure that blocks or restricts free Agency access to a right of
way, work or facility;

3. Encroachment by a building, any portion of a building, a building foundation, or
any part of a foundation or anything supported by a slab or a footing;

4. Electric fencing;

5. Gates or access barriers made of cable, rope, chain, barbed or ribbon wire;

6. Swimming pools, ponds, spas or hot tubs, and other similar structures;

7. Retaining walls, structural walls or walls containing mortar or reinforcement bar;

8. Private sewage treatment systems including septic tank and leach field systems;

9. Dumping, depositing, casting, placing, or stockpiling any waste, rock, dirt or
other materials, including without limitation, abandoned vehicles;

10. Dumping, depositing, casting, placing, handling, stockpiling or storing of
hazardous, toxic or explosive materials;

11. Corrals or pens for animals except as allowed under section 7.00.050 (b) 12;

12. Water wells;

13. Water tanks;

14. Water pipeline valves, thrust blocks, backflow preventers, and flow sensors,
except as specifically authorized by the Agency when no alternate location
outside of the Agency 's right of way is feasible;

15. Fertilizer injection systems;

16. Apiaries, whether permanent or temporary;

17. Unrestrained dogs, horses, cattle or other animals that are not under the immediate
physical control of the owner;

18. Utility pole anchors;

19. Columns made of concrete, concrete block, rock or any combination of these;

20. Solar electrical generation or water heating systems, including solar panels.

(c) No person shall install, construct, or maintain, or cause to be installed, constructed
or maintained any parallel utility in the Agency 's right of way except as otherwise specifically
authorized pursuant to this chapter.

(d) No person shall trespass on the Agency 's right of way or property in violation of
any sign prohibiting trespass.

(e) No person shall damage, deface, destroy, modify, alter or mark any Agency
facility or work except as otherwise specifically authorized pursuant to this chapter.

(f) No person shall grade, dig, excavate, fill, or trench any Agency right of way
except as otherwise specifically authorized pursuant to this chapter.

(g) Any encroachment or use done, constructed, installed, or maintained in violation
of any subdivision of this section is a public nuisance and may be abated pursuant to this chapter
or other law. The General Counsel is authorized to enforce this section by civil action to enjoin
or abate a public nuisance.

(h) No person shall blast within 400 feet of an Agency facility, except as
specifically permitted by the Agency and subject to all applicable State and local laws.
Old 12-16-2015, 07:37 AM
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