Right-of-Way/Easements

MVEA may require applicants to grant easements for installation of new electric and or fiber broadband lines within or across the property being served.

General Restrictions for Right-of-Way/Easements

• Permanent structures or buildings are not allowed within utility easements.
• MVEA requires that trees be planted far enough away from all vaults and above-ground equipment. At maturity, a minimum 20-foot diameter around the equipment must be maintained to ensure access, and nothing should be growing underneath the lines except for grass. Please refer to MVEA’s Right-of-Way Clearing Guide (PDF).
• Upkeep and maintenance of landscaping in a utility easement is the responsibility of the property owner.
• MVEA shall have the right to trim or cut down any trees and shrubbery on or adjacent to easements, and to control the growth of this landscaping by machinery or otherwise which may interfere and or pose danger with the construction and operation of utility lines.
• Right-of-way and easement grades cannot be changed by excavation or filling without prior approval.
• If the property owner alters the terrain or in any other way causes a need for MVEA electric facilities to be relocated or removed, the property owner shall provide necessary easement and will be required to reimburse MVEA for the related expense

Easement Requirements

• In the event the new electric and or fiber broadband line crosses property other than that of the applicant requesting service, an easement from that neighboring property owner may also be required.
• If the new line will cross a highway, road, railroad, or other utility right-of-way or easement, MVEA may be required to obtain a permit.

Preparation of Easement Documents

• In most cases, MVEA will prepare the necessary easements and/or permits prior to the start of construction, and the related expenses will be included in the cost of extending service to the new applicant; however, it is ultimately the applicant’s responsibility to provide all required easements.
• Acquisition of these easements and/or permits may require payment of fees and/or preparation of a legal survey to provide the necessary documentation.
• The easements or rights-of-way must be on forms provided by or acceptable to MVEA and executed and acknowledged by the owner(s) of record of the underlying property.
• Projects will not be released to construction until easements have been signed, notarized, and returned to MVEA
• MVEA will provide notary services to members for easements regarding their projects.

Execution Guides

Statement of Authority

MVEA will accept a copy of a “Statement of Authority” that has previously been recorded in the Clerk and Recorder’s office of the county in which the easement is located if it shows the county recording data. Otherwise, the copy of the “Statement of Authority” will be recorded with the easement.

The “Statement of Authority” must contain as a minimum:

1. The name of the LLC, trust, estate, metropolitan district, or joint venture
2. The type of entity, i.e. LLC, trust, etc.
3. The state or country under whose laws the entity was formed
4. A current mailing address for the entity
5. The name and position of the person or persons authorized to convey real property on behalf of the entity
6. Any limitations that might have been placed upon that person’s authority to convey real property

For further information concerning the “Statement of Authority”, please contact your attorney.

Access to Electrical Facilities

Access must be provided to all MVEA electric facilities. In the event a fence or landscaping must be removed by MVEA to repair or maintain electrical facilities, reasonable effort will be made to replace the fence or landscaping when repairs are completed.

We’re here to help, if you have any questions regarding easement documents you have received from MVEA, please email the Right of Way Team. Please include your property address and account holders information along with your questions.