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A ROW agreement is a private agreement between a does enforce the permits which it issues, including landowner and a utility. The PUC does not involve itself permit conditions related to design, construction, with negotiations between landowners and utilities and maintenance, and restoration within the ROW. has no authority over this process. However, the PUC Easements The most common form of right-of-way (ROW) include application of herbicides. Landowners with agreement is an easement, which is a legal interest in requirements for management of their land, e.g., organic real property that transfers a partial property right to the certification prohibiting the use of certain pesticides, can holder of the easement (e.g., from a landowner to a discuss these requirements during their easement utility). The easement agreement specifies restrictions negotiations with the utility or its agent. Utilities on both the utility's and the landowner's use of the land typically notify landowners before beginning and specifies the rights of the utility to enter and use the maintenance activities in the ROW; notification land. It is binding upon the utility, the landowner, and requirements may be part of the easement agreement. any future owners of the land unless and until the Some general conditions addressing the needs of easement is discharged. The easement will be recorded landowners may be included in the permit issued by the in the county in which it is located in the same manner PUC. In addition, the permitting process includes as other real estate transactions. preparation of an Agricultural Impact Mitigation Plan (AIMP) by the Minnesota Department of Agriculture. Easement agreements allow only what is described by The AIMP may include provisions dealing with organic the terms of the easement—e.g., to "build and maintain farming as well as traditional agricultural uses. a 20 inch oil pipeline" or "build and maintain a 115 kilovolt (kV) transmission line." Easements last for as In some instances, utilities require additional space long as the utility uses and maintains the energy facility during construction of an energy facility. This in the ROW. If the utility abandons or removes the additional space is called"temporary work space" and is facility, the property interest transferred by the easement included in the ROW agreement, but is not part of the may return to the landowner(Minn. Stat. §117.225). permanent easement. As the name implies, this work space is temporary and is typically used to place Easements typically describe allowable uses and construction materials or provide operating room for restricted uses by the landowner. In general, the primary machinery, e.g., room to maneuver and operate a land use restrictions for transmission line ROWs include pipeline drill. Unlike an easement, the property interest tall trees and buildings; for pipeline ROWs they include in the temporary work space reverts back to the buildings,trees, shrubs, and brush. landowner upon completion of the described work. A description of temporary work space, its uses, and ROW maintenance typically includes removing trees and duration should be part of ROW negotiations. other vegetation as needed within the ROW, and may Negotiating Almost all parts of the ROW agreement are negotiable, (Minn. Stat. §117.031). whether it is the purchase of an easement or fee simple ownership. Landowners can negotiate terms in the Typically a utility real estate agent contacts a landowner ROW agreement that will avoid or reduce negative to purchase an easement for a specific parcel or strip of impacts to their property. They can negotiate land that is to be used for a ROW. The utility may offer compensation for the ROW. Utilities, in turn, have an a standard easement agreement and an amount of money obligation to negotiate terms that meet the needs of their it is willing to pay for the easement. The offer will proposed facility. A satisfactory ROW agreement is reflect the utility's assessment of the ROW's impact on likely best achieved if the landowner and the utility have the fair market value of the property. Typically a reasonable expectations and negotiate in good faith. landowner does not sign an easement agreement without first reading it, asking questions, and negotiating terms. Utilities have a statutory incentive to negotiate in good A landowner may wish to obtain an independent faith — if their last written offer to a landowner is appraisal of his or her land value, speak to other significantly different from the final judgment of an landowners about possible ROW agreements and eminent domain proceeding, the landowner can get conditions, or hire an attorney or other person to attorney fees and other reasonable costs reimbursed negotiate on the landowner's behalf. 12.13.10 2